DENIED: March 20, 2012
CBCA 2699
PEW FOREST PRODUCTS,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
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.
Randy A. Pew, Owner of Pew Forest Products, Crescent Mills, CA, appearing for Appellant.
James L. Rosen, Office of the General Counsel, Department of Agriculture, San Francisco, CA, counsel for Respondent.
Before Board Judges VERGILIO, STEEL, and ZISCHKAU.
VERGILIO, Board Judge.
On January 11, 2012, the Board received from Pew Forest Products (purchaser) a timely-filed notice of appeal, 41 U.S.C.A. §§ 7101-7109 (West Supp. 2011), concerning a dispute involving its timber sale contract with the Forest Service of the Department of Agriculture (agency). Maintaining that the agency improperly estimated the volume of incense cedar under the contract, the purchaser claimed $375,725 in damages. A contracting officer denied the claim, which is the focus of this appeal. The parties elected to utilize a binding arbitration procedure to resolve the disputed claim and decision as well as a subsequent claim dated January 12, 2012, in which the purchaser seeks an additional $1,702,760, also said to arise from an inaccurate volume estimate of incense cedar under the same contract. The binding arbitration procedure resulted in a determination that the purchaser had identified no viable basis for relief related to the alleged shortfalls in volume; the purchaser bought timber meeting specifications. The determination specified that the ______________________________
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2 CBCA 2699
terms of the contract contained the agency’s disclaimers of the estimates and placed the risk of the alleged shortfalls on the purchaser. The purchaser was not entitled to relief for the alleged variations from the estimates.
In light of the binding arbitration determination, by which the parties are bound, the Board DENIES this appeal.
JOSEPH A. VERGILIO
Board Judge
We concur:
CANDIDA S. STEEL
Board Judge
JONATHAN D. ZISCHKAU
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Pew Forest Products, CBCA 2699. 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.