GRANTED: July 20, 2012
CBCA 2658
COMMONWEALTH EDISON COMPANY,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Terry Miller of Commonwealth Edison Company, Oakbrook Terrace, IL, 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.
Katherine M. Smyth, Office of the General Counsel, Department of Veterans Affairs, Washington, DC, counsel for Respondent.
Before Board Judges DANIELS (Chairman), HYATT, and VERGILIO.
VERGILIO, Board Judge.
On December 8, 2011, the Board received from Commonwealth Edison Company (contractor) a notice of appeal concerning its account, 12266-42003, with the Department of Veterans Affairs (Government), under a General Services Administration Area Wide Public Utility Contract, GS-OOP-05-BSD-0361. The contractor seeks unpaid utility usage fees which are said to have arisen from meters that recorded only a fraction of the actual usage. The contracting officer denied the claim, citing a lack of sufficient information to support the claim.
The contractor provided information as the parties engaged in discussions without formal proceedings or filings. On July 19, 2012, the Board received from the parties a joint motion for judgment on a stipulated settlement. The Government shall pay the contractor $518,970.52 in full and final resolution of this dispute. Under the agreement, each party shall ______________________________
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2 CBCA 2658
be responsible for its own costs, attorney fees, and expenses incurred in the litigation. The agency is not liable for interest under the Contract Disputes Act on the agreed-upon settlement amount. The parties will not seek reconsideration of, or relief from the Board’s decision, and will not appeal the decision.
Decision
Accordingly, the Board GRANTS the appeal. The contractor is to receive $518,970.52.
JOSEPH A. VERGILIO
Board Judge
We concur:
STEPHEN M. DANIELS
Board Judge
CATHERINE B. HYATT
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Commonwealth Edison Company, CBCA 2658. 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.