THIS OPINION WAS INITIALLY ISSUED UNDER PROTECTIVE ORDER AND
IS BEING RELEASED TO THE PUBLIC IN ITS ENTIRETY ON
NOVEMBER 14, 2018
GRANTED IN PART; DISMISSED WITH PREJUDICE IN PART: November 5, 2018
CBCA 3760, 4822, 5281
SMITH MANAGEMENT CONSTRUCTION, INC.,
and
BRC LEASE COMPANY, L.L.C.,
Appellants,
v.
DEPARTMENT OF HEALTH AND HUMAN SERVICES,
Respondent.
Richard A. DeTar of McAllister, DeTar, Showalter & Walker, Easton, MD, counsel
for Appellants.
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.
Richard G. Bergeron, Office of the General Counsel, Department of Health and Human Services, Washington, DC, counsel for Respondent.
Before Board Judges BEARDSLEY, DRUMMOND, and ZISCHKAU.
BEARDSLEY, Board Judge.
CBCA 3760, CBCA 4822, and CBCA 5281 were filed and docketed on October 15, 2013, September 29, 2014, and October 23, 2014, respectively. The parties have reached a settlement resolving all three appeals.
On October 31, 2018, pursuant to Board Rule 25(b) (48 CFR 6101.25(b) (2018)) and the terms of a settlement agreement, the parties jointly moved for a judgment in CBCA 5281 in the amount of $325,000, to be paid to Smith Management Construction, Inc. (on whose behalf BRC Lease Company, L.L.C. passed through its claim). In a decision dated January 24, 2017, the Board ruled that it possessed subject matter jurisdiction to decide CBCA 5281. Appellants have waived all further rights to recover interest, attorney fees, costs, or expenses incurred in conjunction with the appeals. In addition, the parties stated that no party will seek reconsideration of, seek relief from, or appeal the Board’s decision. The parties also request dismissal of CBCA 3760 and CBCA 4822 with prejudice.
Decision
Pursuant to the parties’ joint motion for entry of decision by stipulation, the Board GRANTS CBCA 5281 IN PART. Appellants are awarded a total of $325,000, this amount to be paid to Smith Management Construction, Inc. CBCA 3760 and CBCA 4822 are DISMISSED WITH PREJUDICE.
Erica S. Beardsley
Board Judge
We concur:
___Jerome M. Drummond Jonathan D. Zischkau JEROME M. DRUMMOND JONATHAN D. ZISCHKAU Board Judge Board Judge
This is a verbatim capture of the text layer of the Board's own document in Smith Management Construction, Inc. and BRC Lease Company, L.L.C., CBCA 3760, 4822, 5281. 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.