GRANTED IN PART: July 20, 2016
CBCA 3927, 4099
P.J. DICK INCORPORATED,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
K. Bradley Mellor and Ross A. Giorgianni of Blumling & Gusky, LLP, Pittsburgh,
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.
PA; and William E. Dorris of Kilpatrick Stockton LLP, Atlanta, GA, counsel for Appellant. Benjamin M. Diliberto, Office of General Counsel, Department of Veterans Affairs, Washington, DC, counsel for Respondent.
Before Board Judges VERGILIO, GOODMAN, and ZISCHKAU.
GOODMAN, Board Judge.
On June 24 and September 13, 2014, appellant filed these subsequently consolidated appeals arising from the deemed denial and denial by respondent’s contracting officer of appellant’s certified claim in the amount of $673,612. On February 8, 2016, the Board issued a decision denying respondent’s motion for partial summary relief, P.J. Dick, Inc. v. Department of Veterans Affairs, CBCA 3927, et al., 16-1 BCA ¶ 36,239.
On July 18, 2016, pursuant to Board Rule 25(b) (48 CFR 6101.25(b) (2015)), the parties submitted a joint motion for judgment on stipulation of settlement for judgment in the amount of two hundred five thousand dollars ($205,000), with a settlement agreement attached. Their motion states in relevant part: [I]n accordance with the terms of the attached Settlement Agreement and Stipulation, the parties jointly move the Board for judgement in favor of the Appellant in the total amount of $205,000.00, inclusive of all interest.
Each party shall be responsible for [its] own costs, attorneys’ fees and expenses incurred in this litigation. Respondent will not be liable for interest under the Contract Disputes Act on the agreed-upon settlement amount.
The Settlement Agreement states in relevant part: Upon receiving a judgement from the CBCA . . . the [respondent] shall promptly submit all necessary documents to the Department of the Treasury for processing payment under the Judgment Fund.
Pursuant to Rule 25(b) and 27 of the Board’s Rules of Procedure, appellant and respondent state in their motion that they will not seek review or reconsideration of this judgment, or relief from the judgement.
Decision
Pursuant to the parties’ motion for stipulated award, the Board GRANTS the appeal IN PART. Appellant is awarded a total of $205,000. Payment may be made from the permanent indefinite judgment fund, 31 U.S.C. § 1304 (2012).
__________________________________
ALLAN H. GOODMAN
Board Judge
We concur:
JOSEPH A. VERGILIO
Board Judge
JONATHAN D. ZISCHKAU
Board Judge
This is a verbatim capture of the text layer of the Board's own document in P.J. Dick Incorporated, CBCA 3927, 4099. 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.