GRANTED IN PART: January 14, 2014
CBCA 2414, 2657
PROTEUS, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Herman M. Braude of Braude Law Group, P.C., Washington, DC, 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.
Ricarto Brazela, Office of the General Counsel, Department of Veterans Affairs, Washington, DC, counsel for Respondent.
Before Board Judges SOMERS, McCANN, and WALTERS.
WALTERS, Board Judge.
These appeals are currently before the Board on a joint motion for judgment on a stipulated settlement. The appeals relate to a claim submitted by the appellant, Proteus, Inc. (Proteus), in connection with its performance of task orders 3 and 4 under contract number V101BC with the respondent, Department of Veterans Affairs (VA). The task orders involved a sidewalk subsidence project at the VA Medical Center in Baltimore, Maryland. On January 8, 2014, the parties stipulated to an award by this Board to Proteus in the amount of $650,000 in full settlement of the claim and the appeals. By their joint motion, the parties stipulated further that interest on such amount will begin to accrue on April 9, 2014, at the interest rate(s) published by the Secretary of the Treasury for purposes of the Contract Disputes Act (CDA), should payment of the judgment amount not be made by April 8, 2014, and that such interest shall be paid to Proteus along with the payment of the stipulated judgment award. Finally, the parties 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
Pursuant to the parties’ joint motion and Board Rule 25b, these appeals are GRANTED IN PART. In accordance with the parties’ stipulation of settlement and joint motion, the Board awards the appellant the sum of $650,000 for all claims under the appeals; payment is to be made from the permanent indefinite judgment fund, 31 U.S.C. § 1304 (2006). Interest on said sum shall begin to accrue on April 9, 2014, at the interest rate(s) published by the Secretary of the Treasury semi-annually for purposes of the CDA, should payment of the award not be made by April 8, 2014, and shall be paid to the appellant together with the award.
_____________________________
RICHARD C. WALTERS
Board Judge
We concur:
JERI K. SOMERS
Board Judge
R. ANTHONY McCANN
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Proteus, INC., CBCA 2414, 2657. 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.