GRANTED IN PART: July 14, 2014
CBCA 3464
TRICON TIMBER, LLC,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
Julie A. Weis of Haglund Kelley LLP, Portland, OR, 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.
Jennifer T. Newbold, Office of the General Counsel, Department of Agriculture, Missoula, MT, counsel for Respondent.
Before Board Judges DANIELS (Chairman), HYATT, and DRUMMOND.
DANIELS, Board Judge.
The Forest Service (FS), a bureau of the Department of Agriculture, entered into a contract with Tricon Timber, LLC (Tricon) which included reconstruction of a road in the Lolo National Forest in Montana. As part of this work, Tricon was required to cut and remove trees along the route. According to Tricon, it was required to cut and remove many more trees than the fifty estimated by the FS. Tricon claimed that it is entitled to be paid $35,905 more than the FS has paid because it cut and removed the additional trees. The FS contracting officer denied the claim, and Tricon appealed the decision.
Following a successful mediation conducted by a Board judge, the parties have filed a motion for a stipulated award to Tricon of $4000, inclusive of interest under the Contract Disputes Act, 41 U.S.C. § 7109 (2012). In the motion, the parties represent that neither will seek reconsideration of or relief from a decision which makes such an award, and neither will appeal such a decision.
Decision
The appeal is GRANTED IN PART. We award to Tricon Timber, LLC the agreed-upon amount of $4000. This money is to be paid from the permanent indefinite judgment fund, 31 U.S.C. § 1304.
_________________________
STEPHEN M. DANIELS
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 TRICON Timber, LLC, CBCA 3464. 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.