GRANTED IN PART: April 23, 2013
CBCA 3069
FIRST KUWAITI TRADING & CONTRACTING W.L.L.,
Appellant,
v.
DEPARTMENT OF STATE,
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.
Peter F. Garvin, III, Grant H. Willis, and Kendall A. Lucas of Jones Day, Washington, DC, counsel for Appellant.
John C. Sawyer, Office of the Legal Adviser, Buildings and Acquisitions, Department of State, Rosslyn, VA, counsel for Respondent.
Before Board Judges HYATT, DRUMMOND, and WALTERS.
WALTERS, Board Judge.
Appellant, First Kuwaiti Trading & Contracting W.L.L. (First Kuwaiti), filed the instant appeal from a decision of a Department of State (State) contracting officer dated August 10, 2012, denying a claim by First Kuwaiti relating to two unpaid invoices for work performed for State under two contracts at the United States New Embassy Compound in Baghdad, Iraq, contract number SALMEC-06-0049, and its modifications, and contract number SALMEC-05-0020, and its modifications. The parties entered into a settlement agreement with respect to the appeal and filed with the Board a stipulation of settlement, reflecting their amicable resolution of the issues that are the subject of the appeal. The parties have jointly moved the Board to issue a judgment in favor of First Kuwaiti in the amount of $2,547,745.20, to be paid from the permanent indefinite judgment fund, 31 U.S.C. § 1304 (2006). Under their settlement agreement and stipulation, they have agreed that Contract Disputes Act (CDA) interest shall accrue on said judgment amount, beginning on March 23, 2012, and continuing until payment of the judgment is made, and that such interest shall be paid to First Kuwaiti together with payment of the judgment amount. First Kuwaiti has waived any other claim to interest and/or for any attorney fees and expenses incurred in connection with the appeal.
The parties, in their joint motion and under the terms of the stipulation, have agreed that neither party will seek reconsideration of, or relief from, this Board’s decision under Board Rules 26 and 27, respectively, and that neither party will appeal this Board’s decision.
Decision
The appeal is GRANTED IN PART. In accordance with the parties’ stipulation of settlement, the Board awards appellant the sum of $2,547,745.20, plus CDA interest on said amount, beginning on March 23, 2012, and continuing until payment is issued. Payment is to be made from the permanent indefinite judgment fund, 31 U.S.C. § 1304.
__________________________
RICHARD C. WALTERS
Board Judge
We concur:
CATHERINE B. HYATT
Board Judge
JEROME M. DRUMMOND
Board Judge
This is a verbatim capture of the text layer of the Board's own document in First Kuwaiti Trading & Contracting W.L.L., CBCA 3069. 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.