GRANTED IN PART: September 17, 2013
CBCA 3244
BLUE YONDER, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Andrew K. Wible and Victor G. Klingelhofer of Cohen Mohr LLP, Washington, DC,
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.
Brian R. Reed, Kristin Langwell, and D. Brent Pope, Office of Regional Counsel, Department of Veterans Affairs, Charleston, IL, counsel for Respondent.
Before Board Judges DANIELS (Chairman), STERN, and SHERIDAN.
DANIELS, Board Judge.
The Department of Veterans Affairs (VA) contracted with Blue Yonder, Inc. (Blue Yonder), to construct two buildings at a VA medical facility in North Chicago, Illinois. Blue Yonder claimed that due to delays caused by the VA, it was entitled to be paid $308,377.35 in extended general conditions costs.
Following mediation of the dispute by a Board judge, the parties to this appeal have filed a Stipulation for Entry of Judgment. In this stipulation, the parties ask the Board to enter judgment in favor of Blue Yonder in the amount of $220,000. Each party stipulates that it will not seek reconsideration of, or relief from, a decision which makes this award, and will not appeal such a decision.
Decision
The parties’ request is granted. The appeal is GRANTED IN PART. The Department of Veterans Affairs shall pay to Blue Yonder, Inc. the sum of $220,000. Rule 25(b) (48 CFR 6101.25(b) (2012)). Payment shall be paid from the Government’s permanent indefinite judgment fund. 31 U.S.C. § 1304 (2006).
_________________________
STEPHEN M. DANIELS
Board Judge
We concur:
JAMES L. STERN
Board Judge
PATRICIA J. SHERIDAN
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Blue Yonder, Inc, CBCA 3244. 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.