DISMISSED WITH PREJUDICE: September 15, 2016
CBCA 5111
UNION REFORESTERS,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
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.
Jorge E. Acevedo, Owner of Union Reforesters, Redding, CA, appearing for Appellant.
Marnie G. Ganotis, Office of the General Counsel, Department of Agriculture, San Francisco, CA, counsel for Respondent.
DANIELS, Board Judge (Chairman).
Order
Under a contract with the United States Forest Service, an entity within the Department of Agriculture, Union Reforesters applied herbicide to vegetation growing near young trees in the Eldorado National Forest in California. Union Reforesters claimed that in addition to the contract price, it was entitled to payment in the amount of $218,618.65 to cover “Cost Overruns, Indirect Labor, Change in Work Sites and Work Stoppages due to excessive winds, additional Labor Costs due to protecting trees while spraying, extra costs in the use of herbicides and added and necessary equipment to perform the work on this Contract.” The contracting officer denied the claim, and the contractor appealed his decision. As a result of mediation with Board Judge Kathleen J. O’Rourke, the parties have resolved their dispute and asked the Board to dismiss the appeal with prejudice.
Accordingly, the appeal 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 Union Reforesters, CBCA 5111. 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.