GRANTED IN PART: August 2, 2012
CBCA 2532
REVA MURPHY ASSOCIATES, INC.
– AMERICAN INCORPORATED JOINT VENTURE,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
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.
Dennis C. Ehlers, Laurence Schor, and Michael K. Koger of Asmar, Schor & McKenna, PLLC, Washington, DC, counsel for Appellant.
Kate Gorney, Office of the Regional Counsel, Department of Veterans Affairs, San Francisco, CA, counsel for Respondent.
Before Board Judges DANIELS (Chairman), POLLACK, and DRUMMOND.
DANIELS, Board Judge.
Reva Murphy Associates, Inc. – American Incorporated Joint Venture (the Joint Venture) claimed that it was entitled to $1,244,251 and 309 additional calendar days of performance time under a contract with the Department of Veterans Affairs (VA) to remodel portions of the Veterans Affairs Medical Center in Fresno, California. A VA contracting officer denied most of the claim, awarding only $70,000, and the Joint Venture appealed that decision to the Board.
The parties have now resolved their differences and have submitted to the Board a Joint Motion for Judgment on Stipulated Settlement. In the motion, the parties ask the Board _________________________
_________________________ _________________________ 2 CBCA 2532
to make an award to the Joint Venture in the amount of $500,000 (in addition to the $70,000 previously paid pursuant to the contracting officer’s decision) as “full and complete compensation for all costs, direct and indirect, including but not limited to impact, on both changed and unchanged work associated with claim CBCA No. 2532, under Contract No. V261C-2821.” The parties have also asked us to incorporate the settlement agreement into our decision. Under this agreement, if payment is not made within ninety days of the date of this decision, interest will also be paid on the $500,000, at rates prescribed by the Contract Disputes Act, 41 U.S.C. § 7109 (Supp. IV 2011), from the ninety-first day after the date of the decision until full payment of the $500,000 is made.
The parties have stipulated that they will not seek reconsideration of, or relief from, the Board decision that makes the requested award, and that they will not appeal that decision.
Decision
The motion is granted. The appeal is GRANTED IN PART. The Department of Veterans Affairs shall pay to Reva Murphy Associates, Inc. – American Incorporated Joint Venture the sum of $500,000. If payment is not made within ninety days of the date of this decision, the VA will also pay to the Joint Venture interest on the $500,000, at rates prescribed by the Contract Disputes Act, from the ninety-first day after the date of the decision until full payment of the $500,000 is made. Rule 25(b) (48 CFR 6101.25(b) (2011)).
STEPHEN M. DANIELS
Board Judge
We concur:
HOWARD A. POLLACK
Board Judge
JEROME M. DRUMMOND
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Reva Murphy Associates, Inc. - American Incorporated Joint Venture, CBCA 2532. 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.