CBCA 2312

Marinette Marine Corporation

Mar 22, 2011Judge DrummondDEPARTMENT OF HOMELAND SECURITY
Not published in the listingGranted in partby agreement

Key Facts

Appellant
Marinette Marine Corporation
Respondent agency
DEPARTMENT OF HOMELAND SECURITY
Judge
Drummond
Case number
CBCA 2312
Decided
Mar 22, 2011The decision states Mar 22, 2011 on its own face, which agrees with the listing.
Decision type
Not published in the listingThe Board's year tables for 2007 through 2014 carry no Type column, so no disposition was published for this decision. It is not missing data and nothing is inferred from the document.
Law firm for the appellant
The decision's own appearances block names no outside firm, which happens when the appellant appeared pro se, through one of its own officers, or through its in-house counsel.
Outcome
Granted in partEntered by agreement of the parties.
Accordingly, the appeal is GRANTED IN PART.
Read from the shouted disposition line the Board prints above this decision's own date, and quoted from its operative sentence above. No model is involved.

Topics

Termination for conveniencePayment and interest

Topics are derived from each decision's own text by keyword rules, not a classification by the Board. A decision matching several topics carries all of them, so topic counts sum above the number of decisions. They are ordered strongest first.

Appearances

For the appellant
Marc E. Jamo
Marinette Marine Corporation
Marinette, WI
For the respondent
Isaac Johnson, Jr.
Office of Procurement Law, United States Coast Guard, Department of Homeland Security
Washington, DC
Decision PDF (cbca.gov) Civilian Board of Contract Appeals, Contract Disputes Act casesThe Board's year listing this row was read fromThe decision document is hosted by the Board itself, so it is an official copy, and the Board's own Contract Disputes Act case listing is the citable source. The topics, the disposition and the appearances above are read deterministically from the decision's own words; no model is involved.

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Full Decision

Full text of the decision2 pages, 2,044 characters, read from the Board's own documentDecided Mar 22, 2011 on its own faceRespondent DEPARTMENT OF HOMELAND SECURITY Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

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GRANTED IN PART: March 22, 2011

CBCA 2312

MARINETTE MARINE CORPORATION,

Appellant,

v.

DEPARTMENT OF HOMELAND SECURITY,

Respondent.

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.

Marc E. Jamo, Contracts Manager of Marinette Marine Corporation, Marinette, WI, appearing for Appellant.

Isaac Johnson, Jr., Office of Procurement Law, United States Coast Guard, Department of Homeland Security, Washington, DC, counsel for Respondent.

Before Board Judges HYATT, DRUMMOND, and KULLBERG.

DRUMMOND, Board Judge.

This appeal was from a contracting officer’s final decision regarding claims submitted by appellant, Marinette Marine Corporation (MMC), to respondent, the Department of Homeland Security, United States Coast Guard (Coast Guard), totaling $1,041,496. The claims relate to the Coast Guard’s partial termination for convenience and stop work order issued under contract HSCG23-06-D-ARB001 regarding Government initiated engineering change proposal (ECP), ECP-009, entitled “Interactive Electronic Technical Publication (IETP) and Maintenance Philosophy.”

2 CBCA 2312

Pursuant to Board Rule 25(b) (48 CFR 6101.25(b) (2010)), the parties have submitted a joint settlement stipulation to an award by this Board in favor of MMC in the amount of $1,024,551, plus interest as allowable under the Contract Disputes Act (CDA), 41 U.S.C. §§ 7101-7109 (as codified by Pub. L. No. 111-350, 124 Stat. 3677, 3816-3826 (2011)), to be computed from January 28, 2011. Finally, the parties have stipulated that neither party will seek reconsideration of, or relief from, the Board’s decision and that neither party will appeal the Board’s decision.

Decision

Accordingly, the appeal is GRANTED IN PART. In accordance with the parties’ joint stipulation, the Board awards appellant the sum of $1,024,551, plus interest on said amount under the CDA, 41 U.S.C. § 7109, beginning January 28, 2011. Payment is to be made from the permanent indefinite judgment fund, 31 U.S.C. § 1304 (2006); 41 U.S.C. § 7108.

JEROME M. DRUMMOND

Board Judge

We concur:

CATHERINE B. HYATT

Board Judge

H. CHUCK KULLBERG

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Marinette Marine Corporation, CBCA 2312. 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.

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