GRANTED IN PART: June 5, 2017
CBCA 3797
CERES CARIBE, INC.,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
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.
Karl F. Dix, Jr., Garrett E. Miller, and Douglas L. Tabeling of Smith, Currie & Hancock LLP, Atlanta, GA, counsel for Appellant.
Mark R. Simpson, Office of the General Counsel, Department of Agriculture, Atlanta, GA, counsel for Respondent.
Before Board Judges DANIELS (Chairman), VERGILIO, and DRUMMOND.
DANIELS, Board Judge.
The Department of Agriculture’s Forest Service contracted with Ceres Caribe, Inc.
(Ceres) for construction of a parrot recovery aviary complex in the Caribbean National Forest in Puerto Rico. Ceres claimed entitlement to $642,574 in contract adjustments for which it considered the Forest Service liable. The contractor appealed the contracting officer’s deemed denial of the claim.
As a result of mediation conducted by Board Judge Kyle Chadwick, the parties have resolved their differences and have jointly filed a request, pursuant to Board Rule 25(b) (48 CFR 6101.25(b) (2016)), that the Board issue a decision awarding to Ceres $339,000, inclusive of interest. By filing certificates of finality with the Board, each party has stated that it will not request reconsideration or relief from a decision which makes such an award, and it will not appeal such a decision. The parties have agreed that the funds shall be paid from the permanent indefinite judgment fund established pursuant to 31 U.S.C. § 1304 (2012).
Decision
The appeal is GRANTED IN PART. The Department of Agriculture shall pay to Ceres Caribe, Inc. the sum of $339,000, inclusive of interest.
_________________________
STEPHEN M. DANIELS
Board Judge
We concur:
JOSEPH A. VERGILIO
Board Judge
JEROME M. DRUMMOND
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Ceres Caribe, Inc., CBCA 3797. 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.