GRANTED IN PART: October 23, 2012
CBCA 2263, 2387, 2428, 2507
GEMSTONE PROPERTIES, LP,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Patric E. Durazzo of Durazzo & Eckel, P.C., Tucson, AZ, counsel for Appellant.
The case caption as the decision prints it. Every word is kept; the rule the Board draws around it is not text, so it is not repeated here.
Thomas J. Mitchell, Office of the General Counsel, Department of Veterans Affairs, Washington, DC, counsel for Respondent.
Before Board Judges STERN, BORWICK, and POLLACK.
STERN, Board Judge.
These appeals involved claims arising out of a contract for the construction and long-term lease of a facility in Tucson, Arizona, for use by the Department of Veterans Affairs as a consolidated mail outpatient pharmacy.
Pursuant to Board Rule 25(b) (48 CFR 6101.25(b) (2011)), the parties have submitted a joint settlement stipulation, stipulating to the award of $190,000 to Gemstone Properties, LP (Gemstone). In addition, the parties stipulate that in the event that payment is not made by November 6, 2012, additional interest in accordance with the Contract Disputes Act, 41 U.S.C. § 7109 (Supp. IV 2011), will begin to accrue on that date and will continue to accrue until payment is made to Gemstone. In accordance with Board Rule 31, the parties state that they will not seek reconsideration of, or relief from the Board’s decision, and they will not appeal the decision.
The Board adopts the parties’ stipulation by decision. Pursuant to Board Rule 25(b), the Board’s decision is an adjudication on the merits.
Decision
These appeals are GRANTED IN PART in the amount of $190,000. Payment is to be made from the permanent indefinite judgment fund in accordance with 31 U.S.C. § 1304 (2006). In the event that payment is not made by November 6, 2012, additional interest in accordance with the Contract Disputes Act, 41 U.S.C. § 7109 (Supp. IV 2011), will begin to accrue on that date and will continue to accrue until payment is made to Gemstone. _________________________________
JAMES L. STERN
Board Judge
We concur:
HOWARD A. POLLACK
Board Judge
ANTHONY S. BORWICK
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Gemstone Properties, Lp, CBCA 2263, 2387, 2428, 2507. Nothing is summarized or reworded, and the sections run in the order the Board wrote them. What the page shows and the text does not repeat is the pagination furniture: the page numbers and the rules the Board draws around its caption and under its signatures. The signatures are set back into the columns the Board prints them in, each judge under the name he or she signed, and the typed copy of that name the page carries beneath each signature is not repeated.