DISMISSED WITH PREJUDICE: September 11, 2014
CBCA 2839
XEROX CORPORATION,
Appellant,
v.
DEPARTMENT OF HOMELAND SECURITY,
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.
Donald J. Walsh of Offit Kurman, P.A., Owings Mills, MD, counsel for Appellant.
Wilbert Jones, Office of Procurement Law, United States Coast Guard, Department of Homeland Security, Washington, DC, counsel for Respondent.
VERGILIO, Board Judge.
Order
On May 14, 2012, the Board received from Xerox Corporation (contractor) a notice of appeal concerning deemed denials of claims totaling $141,282.64 relating to twelve unpaid invoices. The contractor claims entitlement to payment for delivery and performance pursuant to purchase orders with the Department of Homeland Security, United States Coast Guard (the agency) issued under various contracts. Having received neither payment nor a decision by the contracting officer on its claims, the contractor pursues relief at this Board pursuant to statute. 41 U.S.C. §§ 7101-7109 (2012).
During an initial telephone conference (before the submission of the appeal file, complaint, or answer), the parties agreed to stay formal proceedings as they engaged in a reconciliation process reviewing the invoices and explored resolution. On September 10, 2014, the Board received a request for a dismissal with prejudice; the parties have reconciled all invoices and payment has been made.
The Board DISMISSES WITH PREJUDICE this appeal.
______________________________
JOSEPH A. VERGILIO
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Xerox Corporation, CBCA 2839. 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.