GRANTED IN PART: November 2, 2007
CBCA 453
P.J. DICK, INCORPORATED,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
John C. Person of Person & Craver LLP, 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.
Timothy C. Tozer, Office of Regional Counsel, General Services Administration, Washington, DC, counsel for Respondent.
Before Board Judges BORWICK, DeGRAFF, and GOODMAN.
GOODMAN, Board Judge.
Appellant, P.J. Dick, Incorporated, was awarded a firm, fixed price contract by the General Services Administration (GSA or respondent) to construct a facility for the National Oceanic & Atmospheric Administration’s National Environmental Satellite Data and Information Services in Suitland, Maryland. Appellant filed a claim alleging that it incurred additional excavation costs in the amount of $313,770. Respondent’s contracting officer issued a decision dated February 6, 2006, from which appellant appealed . ___________________________________
This case was docketed at the General Services Administration Board of Contract Appeals (GSBCA) as GSBCA 16880. On January 6, 2007, pursuant to section 847 of the National Defense Authorization Act for Fiscal Year 2006, Pub. L. No. 109-163, the GSBCA
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2 CBCA 453
On October 29, 2007, the parties filed a joint request for entry of judgement and dismissal of the appeal, which stated:
The parties jointly stipulate that Judgment should be entered in favor of Appellant . . . in the amount of $200,000.00, inclusive of interest allowable under the Contract Disputes Act, 41 U.S.C. §§ 601, et seq.
Pursuant to Rule 31 of the Board’s . . . Rules of Procedure, the parties further certify that they shall not seek review or reconsideration of judgment so rendered. With respect to the decision of the Board issued pursuant to this stipulation, the parties waive their rights to reconsideration under Rule 26, rights to relief from judgement under Rule 27, and rights to appeal the decision.
Accordingly, the appeal is GRANTED IN PART. In accordance with the parties’ joint stipulation, the Board awards the sum of $200,000 inclusive of interest in accordance with the Contract Disputes Act, to be paid from the permanent indefinite judgment fund. 31 U.S.C. § 1304 (2000).
ALLAN H. GOODMAN
Board Judge
We concur:
ANTHONY S. BORWICK
Board Judge
MARTHA H. DEGRAFF
Board Judge
was terminated and its cases, personnel, and other resources were transferred to the newly-established Civilian Board of Contract Appeals (CBCA). This case was docketed by the CBCA as CBCA 453.
This is a verbatim capture of the text layer of the Board's own document in P.J. Dick, Incorporated, CBCA 453. 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.