GRANTED: July 25, 2014
CBCA 3529
SHARP ELECTRONICS CORPORATION,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Andrew K. Wible and Andrew W. Mohr 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.
Michael J. Noble, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent.
Before Board Judges SOMERS, VERGILIO, and McCANN.
VERGILIO, Board Judge.
On September 10, 2013, the Board received from Sharp Electronics Corporation (contractor) a notice of appeal concerning a purchase order, W91YTZ-11-F-0125, placed by the Department of the Army (ordering agency) against its schedule contract, GS-25F-0037M, with the General Services Administration (respondent). The contractor leased multifunction equipment to the agency. The contractor seeks what it describes as early termination charges under the purchase order and schedule contract when the ordering agency did not complete the full term of the agreement. The contractor submitted to a contracting officer of the ordering agency and of the respondent certified claims seeking $167,896.44, plus interest. In light of Sharp Electronics Corp. v. McHugh, 707 F.3d 1367 (Fed. Cir. 2013) (ordering agency’s contracting officer lacked authority to resolve a similar claim), this appeal is based upon a deemed denial by the respondent’s contracting officer. The contractor and respondent have resolved the dispute and have agreed to a stipulated judgment. The Government shall pay the contractor $167,896.44, plus applicable interest under the Contract Disputes Act, 41 U.S.C. § 7109 (2012), calculated from May 13, 2013 (the date of the original claim to the ordering agency contracting officer). The parties will not seek reconsideration of, or relief from the Board’s decision, and will not appeal the decision. The parties note that the Government shall utilize the permanent indefinite judgment fund. 31 U.S.C. § 1304; 41 U.S.C. § 7108.
Decision
Accordingly, the Board GRANTS the appeal. The contractor is to receive $167,896.44, plus applicable interest under the Contract Disputes Act calculated from May 13, 2013.
______________________________
JOSEPH A. VERGILIO
Board Judge
We concur:
JERI K. SOMERS
Board Judge
R. ANTHONY McCANN
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Sharp Electronics Corporation, CBCA 3529. 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.