DISMISSED WITH PREJUDICE: September 7, 2011
CBCA 2441
INTERIMAGE, INC.,
Appellant,
v.
DEPARTMENT OF JUSTICE,
Respondent.
Jacob B. Pankowski and William M. Jack of Greenberg Traurig, LLP,
Washington, DC, counsel for Appellant.
Ralph G. Bittelari and Nathan E. Mires, Office of Chief Counsel, Bureau of
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.
Alcohol, Tobacco, Firearms and Explosives, Department of Justice, Washington, DC, counsel for Respondent.
BORWICK, Board Judge.
Order
This appeal relates to a claim submitted by InterImage, Inc. on December 8, 2010, in connection with task order DJA07B000585, issued under contract no. CM1301-05-CT 0009, for software development technical support to the Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives. InterImage claimed that respondent breached the contractually required procedures detailed in a quality assurance surveillance plan for making incentive-fee determinations under the task order, resulting in damages in the amount of $109,979.90, plus interest. On March 31, 2011, the contracting officer issued a final decision, denying InterImage’s claim in full. On May 27, 2011, InterImage filed a notice of appeal with the Civilian Board of Contract Appeals.
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2 CBCA 2441
On July 26, 2011, the parties entered into a settlement agreement to settle and fully resolve InterImage’s claim. The parties agreed that respondent would make payment, in full satisfaction of interImage’s claim, in the amount of $80,000 within thirty days of the agreement. Furthermore, a contract modification would be issued indicating an $80,000 payment to InterImage. On August 3, 2011, the parties issued the modification. On August 24, 2011, InterImage received the $80,000 payment.
On September 6, 2011, the Board received a joint motion requesting an order incorporating the terms of the settlement and dismissing appellant’s appeal with prejudice. Pursuant to the agreement of the parties, and Rule 12(c), this appeal is DISMISSED WITH PREJUDICE.
ANTHONY S. BORWICK
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Interimage, Inc., CBCA 2441. 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.