CBCA 4590, 4758

Kevcon, Inc.

Sep 30, 2015Judge WaltersDEPARTMENT OF VETERANS AFFAIRS
DecisionGranted in partby agreement

Key Facts

Appellant
Kevcon, Inc.
Respondent agency
DEPARTMENT OF VETERANS AFFAIRS
Judge
Walters
Case number
CBCA 4590, 4758This cell names 2 dockets: 4590, 4758.
Decided
Sep 30, 2015The decision states Sep 30, 2015 on its own face, which agrees with the listing.
Decision type
Decision
Law firm for the appellant
Bruckner Law Firm, APC
Outcome
Granted in partEntered by agreement of the parties.
The appeals are 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

EAJA and fees

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
William L. Bruckner and Thomas M. Regan
Bruckner Law Firm, APC
San Diego, CA
For the respondent
Stacey North-Willis
Office of General Counsel, Department of Veterans Affairs
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, 2,121 characters, read from the Board's own documentDecided Sep 30, 2015 on its own faceRespondent DEPARTMENT OF VETERANS AFFAIRS Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

3 authorities read from this decision's own text, grouped by the body of law each comes from. Select one to read it at its publisher.

Equal Access to Justice Act1
Other statutes1
Agency FAR supplements1

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GRANTED IN PART: September 30, 2015

CBCA 4590, 4758

KEVCON, INC.,

Appellant,

v.

DEPARTMENT OF VETERANS AFFAIRS,

Respondent.

William L. Bruckner and Thomas M. Regan of Bruckner Law Firm, APC, San Diego,

CA, 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.

Stacey North-Willis, Office of General Counsel, Department of Veterans Affairs, Washington, DC, counsel for Respondent.

Before Board Judges DANIELS (Chairman), SHERIDAN, and WALTERS.

WALTERS, Board Judge.

On September 29, 2015, the parties submitted a joint motion for judgment on stipulated settlement, stating that they have entered into a settlement agreement under which they have settled fully the disputes forming the basis of the above-captioned consolidated appeals. Pursuant to that agreement, they have jointly moved the Board for judgment in favor of the appellant, Kevcon, Inc., in the stipulated amount of $580,000. The settlement agreement indicates the parties’ intent that payment be made from the permanent indefinite judgment fund, and respondent, the Department of Veterans Affairs, has agreed that, within fifteen days of its receipt of this decision, it will submit to the Department of the Treasury the documents necessary to ensure payment of the stipulated amount from the judgment fund. Under the joint motion, the parties state that they will not seek reconsideration of, or relief from, the Board’s decision, and will not appeal the decision. In addition, under the joint motion and the settlement agreement, appellant has waived any right it may have to interest or to seek recovery of attorney fees and expenses under the Equal Access to Justice Act.

Decision

The appeals are GRANTED IN PART. In accordance with the parties’ joint motion, the Board awards appellant, Kevcon, Inc., the stipulated settlement amount of $580,000. Rule 25(b) (48 CFR 6101.25(b) (2014)). Payment to Kevcon, Inc. of that amount is to be made from the permanent indefinite judgment fund, 31 U.S.C. § 1304 (2012).

_________________________

RICHARD C. WALTERS

Board Judge

We concur:

STEPHEN M. DANIELS

Board Judge

PATRICIA J. SHERIDAN

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Kevcon, Inc., CBCA 4590, 4758. 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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