GRANTED IN PART: March 5, 2013
CBCA 2590(1165)-REM
ENGAGE LEARNING, INC.,
Appellant,
v.
DEPARTMENT OF THE INTERIOR,
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.
Ellis B. Freatman, III and Virginia A. Cardwell of Roberts & Freatman, Ypsilanti, MI, counsel for Appellant.
Sarah T. Zaffina, Office of the Solicitor, Department of the Interior, Washington, DC, counsel for Respondent.
Before Board Judges STERN, HYATT, and KULLBERG.
HYATT, Board Judge.
This appeal challenged a contracting officer’s decision denying a claim for payment for services rendered by appellant, Engage Learning, Inc., for technical and training assistance for schools operated by respondent, the Bureau of Indian Affairs (BIA).
Pursuant to Board Rule 25(b) (48 CFR 6101.25(b) (2012)), the parties have submitted a joint motion for judgment on a stipulated settlement in the amount of $75,000, to be paid from the permanent indefinite judgment fund. The have also agreed that if the payment is not made to Engage Learning within thirty days of the Board’s order entering judgment, Contract Disputes Act interest shall begin to accrue on that date and will continue to accrue until payment is made to Engage Learning. In accordance with Board Rule 31, the parties state that they will not seek reconsideration of, or relief from the Board’s decision, and they will not appeal the decision.
Decision
These appeals are GRANTED IN PART in the amount of $75,000. Payment is to be made from the permanent indefinite judgment fund in accordance with 31 U.S.C. § 1304 (2006). In the event that payment is not made within thirty days of the date of this order, additional interest in accordance with the Contract Disputes Act, 41 U.S.C. § 7109 (Supp. IV 2011), will begin to accrue on that date and will continue to accrue until payment is made to Engage Learning.
__________________________________
CATHERINE B. HYATT
Board Judge
We concur:
JAMES L. STERN
Board Judge
H. CHUCK KULLBERG
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Engage Learning, INC, CBCA 2590(1165)-REM. 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.