GRANTED IN PART: June 12, 2008
CBCA 484
VELLICOM, INC. d/b/a CELEBRITY ENTERTAINMENT SYSTEMS,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Sam Z. Gdanski of Gdanski & Gdanski, LLP, Suffern, NY, 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.
Before Board Judges HYATT, GOODMAN, and WALTERS.
WALTERS, Board Judge.
Appellant, Vellicom, Inc. d/b/a Celebrity Entertainment Systems (Vellicom), was awarded a Federal Supply Schedule contract, contract no. GS-28F-0011M, by respondent, the General Services Administration (GSA) National Furniture Center, on December 20, 2001. Included in the work Vellicom was to perform under the contract was the delivery and installation of certain items needed for the renovation of the Mokuteki Community Center at the Misawa Air Force Base in Japan. Vellicom submitted a claim to the GSA contracting officer for $30,566.68 for allegedly unpaid freight costs for the shipment of certain items to the Misawa Air Force Base and submitted an appeal to this Board based on a deemed denial of that claim. After several telephone conferences with Board Judge Richard C. Walters, the parties agreed to resolve the appeal without need for a hearing. ___________________________
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2 CBCA 484
On June 6, 2008, the parties submitted a stipulation of award, under which they seek from this Board an award to Vellicom in the amount of $22,500, which award is to be paid from the permanent indefinite judgment fund. The parties have agreed that such award shall “constitute full satisfaction of Vellicom’s claim” and further that “Vellicom agrees to waive any attorney fees, costs, or expenses (pursuant to the Equal Access to Justice Act or any other legal authority).” As part of the stipulation of award, the parties have also expressly represented that: “(1) the Parties will not seek reconsideration of, or relief from, the Board’s decision; and (2) the Parties will not appeal the decision.”
Decision
The appeal is GRANTED IN PART. The General Services Administration shall pay to Vellicom, Inc. the sum of $22,500. Rule 25(b). This payment shall be made from the permanent indefinite judgment fund. 31 U.S.C. § 1304 (2000).
RICHARD C. WALTERS
Board Judge
We concur:
CATHERINE B. HYATT
Board Judge
ALLAN H. GOODMAN
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Vellicom, Inc. d/b/a Celebrity Entertainment Systems, CBCA 484. 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.