CBCA 431

Xerox Capital Services

Jun 13, 2007Judge DanielsGENERAL SERVICES ADMINISTRATION
Not published in the listingSettled

Key Facts

Appellant
Xerox Capital Services
Respondent agency
GENERAL SERVICES ADMINISTRATION
Judge
Daniels
Case number
CBCA 431
Decided
Jun 13, 2007The decision states Jun 13, 2007 on its own face, which agrees with the listing.
Decision type
Not published in the listingThe Board's year tables for 2007 through 2014 carry no Type column, so no disposition was published for this decision. It is not missing data and nothing is inferred from the document.
Law firm for the appellant
McCarthy, Sweeney & Harkaway, P.C.
Outcome
Settled
DISMISSED WITH PREJUDICE
Read from the shouted disposition line the Board prints above this decision's own date, and quoted from that line, because the decision's text states no operative ruling we could isolate. No model is involved.

Topics

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Appearances

For the appellant
Richard D. Lieberman
McCarthy, Sweeney & Harkaway, P.C.
Washington, DC
For the respondent
Michael J. Noble
Office of General Counsel, General Services Administration
Washington, DC
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, 1,891 characters, read from the Board's own documentDecided Jun 13, 2007 on its own faceRespondent GENERAL SERVICES ADMINISTRATION Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

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Public laws1

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DISMISSED WITH PREJUDICE: June 13, 2007

CBCA 431

XEROX CAPITAL SERVICES,

Appellant,

v.

GENERAL SERVICES ADMINISTRATION,

Respondent.

Richard D. Lieberman of McCarthy, Sweeney & Harkaway, P.C., Washington, DC,

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.

Michael J. Noble, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent.

DANIELS, Board Judge (Chairman).

Order

During 2001, 2002, and 2003, Xerox Capital Services (Xerox) provided to the Government of the District of Columbia equipment, supplies, and services for which the company believed it was not fully compensated. The items were all provided in response to delivery orders which were issued against a General Services Administration (GSA) contract. Xerox submitted claims for payment of $89,889.44 under these delivery orders. The company later filed with the General Services Board of Contract Appeals (GSBCA) an appeal of contracting officers’ deemed denials of these claims. In doing so, Xerox reduced the amount it demanded to $52,255.96.

_________________________

2 CBCA 431

Once the case was docketed at the GSBCA, counsel for Xerox and GSA made valiant attempts to secure from the Government of the District of Columbia whatever records that Government might have regarding the delivery orders. These efforts continued both before and after January 6, 2007, when, in accordance with statute, the GSBCA was terminated and its cases (including this one) were transferred to the newly-established Civilian Board of Contract Appeals. See Pub. L. No. 109-163, § 847, 119 Stat. 3136 (2006).

Eventually, on June 13, 2007, the parties filed a motion to dismiss the case with prejudice to its reinstatement. In the motion, the parties stated that they had entered into a settlement agreement which fully resolves all matters presented to the Board.

The case is DISMISSED WITH PREJUDICE.

STEPHEN M. DANIELS

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Xerox Capital Services, CBCA 431. 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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