GRANTED IN PART: July 11, 2012
CBCA 2561
MEDICAL CONSTRUCTION GROUP, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Charles W. Surasky of Smith, Currie & Hancock LLP, Atlanta, GA, 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.
Tracy Downing, Office of the Regional Counsel, Department of Veterans Affairs, Nashville, TN, counsel for Respondent.
Before Board Judges BORWICK, GOODMAN, and McCANN.
McCANN, Board Judge.
Appellant, Medical Construction Group, appealed the denial by a contracting officer of respondent, the Department of Veterans Affairs, of appellant’s certified claim in the amount of $1,150,604, plus an increase in time to complete the contract of 422 days. On June 27, 2012, pursuant to Board Rule 25(b) (48 CFR 6101.25(b) (2011), the parties submitted a joint stipulation setting forth the amount of the award of $746,000. The stipulation states that the parties will not seek reconsideration of, or relief from, the Board’s decision, and they will not appeal the decision. With respect to this decision issued pursuant to the stipulation, appellant and respondent waive their rights to reconsideration under Rule 26, their rights to relief from judgement under Rule 27, and their rights to appeal the ________________________
2 CBCA 2561
decision.
Decision
Pursuant to the parties’ motion for stipulated award, the Board GRANTS the appeal IN PART. Appellant is awarded a total of $746,000. Payment may be made from the permanent indefinite judgment fund, 31 U.S.C. § 1304 (2006).
R. ANTHONY MCCANN
Board Judge
We concur:
ANTHONY S. BORWICK
Board Judge
ALLAN H. GOODMAN
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Medical Construction Group, Inc., CBCA 2561. 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.