DISMISSED WITH PREJUDICE: April 30, 2014
CBCA 3752
DEVELOPMENT ALTERNATIVES, INC.,
Appellant,
v.
AGENCY FOR INTERNATIONAL DEVELOPMENT,
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.
Helle R. Weeke, Vice President and General Counsel of Development Alternatives, Inc., Bethesda, MD, counsel for Appellant.
M. Katherine Stroker, Scott Risner, and R. René Dupuy, Office of the General Counsel, U.S. Agency for the International Development, Washington, DC, counsel for Respondent.
WALTERS, Board Judge.
Order
This appeal was docketed by the Board on March 14, 2014. Because of questions regarding the Board’s Contract Disputes Act (CDA) jurisdiction with regard to the claims, i.e., whether each of the claims had been submitted in a “sum certain” as required by the CDA, it was agreed that appellant would submit three separate claims seeking separate contracting officer decisions, that it would assure that each claim was stated in a “sum certain,” and that three separate appeals from such decisions would be filed. It was further agreed that, once the appeals were filed with the Board, the initial appeal (under CBCA 3752) would be withdrawn and dismissed by the Board with prejudice.
The three claims and appeals have been filed and have been docketed by the Board as CBCA 3809, CBCA 3811, and CBCA 3812. Per the parties’ agreement, appellant has filed a voluntary withdrawal of CBCA 3752. Accordingly, the appeal under CBCA 3752 hereby is DISMISSED WITH PREJUDICE.
_______________________
RICHARD C. WALTERS
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Development Alternatives, Inc, CBCA 3752. 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.