DISMISSED WITHOUT PREJUDICE: August 20, 2013
CBCA 3489
TIBBS INFORMATION SYSTEMS, INC.,
Appellant,
v.
DEPARTMENT OF LABOR,
Respondent.
Lawrence J. Sklute of Sklute & Associates, Potomac, MD, 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.
Dennis Adelson, James A. Bruno, and David R. Koeppel, Office of the Solicitor, Department of Labor, Washington, DC, counsel for Respondent.
VERGILIO, Board Judge.
Order
On August 7, 2013, the Board received a notice of appeal from Tibbs Information Systems, Inc. (contractor) concerning a delivery order, DOLF1FF22641, under a commercial item contract, GS35F0557X, with the Department of Labor (agency). The notice of appeal references a contracting officer’s decision, dated May 22, 2013, denying a request for equitable adjustment. Also on August 7, the Board received a request for a dismissal without prejudice of the underlying appeal; the contractor opines that no claim exists. By submission dated August 14, the agency concurred with the motion to dismiss without prejudice, agreeing with the contractor that the request for equitable adjustment did not constitute a claim.
Given the jointly supported request, the appeal is hereby DISMISSED WITHOUT PREJUDICE.
______________________________
JOSEPH A. VERGILIO
Board Judge
This is a verbatim capture of the text layer of the Board's own document in TIBBS Information Systems, INC, CBCA 3489. 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.