DISMISSED WITH PREJUDICE: August 9, 2016
CBCA 3469, 3476, 3492, 3961
ASP DENVER, LLC,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
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.
Neal J. Sweeney and Tyler P. Scarbrough of Jones Walker, LLP, Atlanta, GA, counsel for Appellant.
Lori R. Shapiro and Lesley Uhr, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent.
HYATT, Board Judge.
Order
These appeals are of contracting officer decisions denying claims asserted by appellant, ASP Denver, LLC (ASP), under a lease of office space to respondent, the General Services Administration (GSA). The appeals concern charges for the provision of overtime heating, ventilation, and air conditioning services for the leased space. These cases were stayed pending the resolution of an earlier claim, presented in CBCA 2673, raising the same grounds for entitlement, and which the parties agreed would be dispositive of the subject later claims. The Board denied the claim docketed as CBCA 2673. ASP Denver, LLC v. General Services Administration, CBCA 2618, et al., 15-1 BCA ¶ 35,850 (2014). ASP appealed this decision to the Court of Appeals for the Federal Circuit. On June 9, 2016, the Court affirmed the Board’s decision.
On July 6, 2016, the Board issued an order stating its intent to dismiss the remaining appeals pursuant to Rule 12(c) (48 CFR 6101.12(c) (2015)) and providing the opportunity to submit any reasons for opposing the proposed dismissal. Appellant has informed the Board that it has no objection to the dismissal of these dockets.
Accordingly, these appeals are DISMISSED WITH PREJUDICE.
__________________________________
CATHERINE B. HYATT
Board Judge
This is a verbatim capture of the text layer of the Board's own document in ASP Denver, LLC, CBCA 3469, 3476, 3492, 3961. 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.