CBCA 4237

Iron Pine Logging, LLC

Dec 29, 2015Judge DanielsDEPARTMENT OF AGRICULTURE
DecisionGranted in part

Key Facts

Appellant
Iron Pine Logging, LLC
Respondent agency
DEPARTMENT OF AGRICULTURE
Judge
Daniels
Case number
CBCA 4237
Decided
Dec 29, 2015The decision states Dec 29, 2015 on its own face, which agrees with the listing.
Decision type
Decision
Law firm for the appellant
Ferguson Law Office, PLLC
Outcome
Granted in part
The appeal is GRANTED IN PART.
Read from the shouted disposition line the Board prints above this decision's own date, and quoted from its operative sentence above. No model is involved.

Topics

Delay, suspension and acceleration

Topics are derived from each decision's own text by keyword rules, not a classification by the Board. A decision matching several topics carries all of them, so topic counts sum above the number of decisions.

Appearances

For the appellant
John J. Ferguson
Ferguson Law Office, PLLC
Missoula, MT
For the respondent
Jennifer T. Newbold
Office of the General Counsel, Department of Agriculture
Missoula, MT
Decision PDF (cbca.gov) Civilian Board of Contract Appeals, Contract Disputes Act casesThe Board's year listing this row was read fromThe decision document is hosted by the Board itself, so it is an official copy, and the Board's own Contract Disputes Act case listing is the citable source. The topics, the disposition and the appearances above are read deterministically from the decision's own words; no model is involved.

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Full Decision

Full text of the decision2 pages, 1,729 characters, read from the Board's own documentDecided Dec 29, 2015 on its own faceRespondent DEPARTMENT OF AGRICULTURE Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

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Other statutes1
Agency FAR supplements1

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GRANTED IN PART: December 29, 2015

CBCA 4237

IRON PINE LOGGING, LLC,

Appellant,

v.

DEPARTMENT OF AGRICULTURE,

Respondent.

John J. Ferguson of Ferguson Law Office, PLLC, Missoula, MT, 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.

Jennifer T. Newbold, Office of the General Counsel, Department of Agriculture, Missoula, MT, counsel for Respondent.

Before Board Judges DANIELS (Chairman), SOMERS, and DRUMMOND.

DANIELS, Board Judge.

Iron Pine Logging, LLC claimed entitlement to $164,465.01 (later revised to $124,200) under the Peterson RHR Salvage Timber Sale Contract with the Department of Agriculture’s Forest Service. The contractor maintained that it had been damaged in this amount due to a suspension of work ordered by the Forest Service during October 2013. The contracting officer denied the claim, and the contractor appealed his decision to the Board. The parties have now filed a joint motion for final judgment on stipulated settlement. In this motion, they ask the Board to award to Iron Pine Logging, LLC the sum of $50,000, inclusive of interest, to be paid from the permanent indefinite judgment fund, 31 U.S.C. § 1304 (2012). The parties state that they will not seek reconsideration or relief from a decision which grants this sum, and that they will not appeal such a decision.

Decision

The motion is granted. The appeal is GRANTED IN PART. The Forest Service shall pay to Iron Pine Logging, LLC the sum of $50,000, inclusive of interest. Payment shall be made from the permanent indefinite judgment fund, 31 U.S.C. § 1304. Rule 25(b) (48 CFR 6101.25(b) (2014)).

_________________________

STEPHEN M. DANIELS

Board Judge

We concur:

JERI KAYLENE SOMERS

Board Judge

JEROME M. DRUMMOND

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Iron Pine Logging, LLC, CBCA 4237. 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.

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