GRANTED IN PART: September 30, 2016
CBCA 5212, 5213
VETERANS CONTRACTING GROUP, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Paul G. Ryan of Welby, Brady & Greenblatt, LLP, White Plains, 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.
Neil S. Deol, Office of General Counsel, Department of Veterans Affairs, Decatur, GA, counsel for Respondent.
Before Board Judges DANIELS (Chairman), VERGILIO, and WALTERS.
DANIELS, Board Judge.
The Department of Veterans Affairs contracted with Veterans Contracting Group, Inc.
(VCG) to make certain repairs and modifications to the mechanical room/chiller plant floor at the James J. Peters Veterans Affairs Medical Center in Bronx, New York. VCG submitted to the contracting officer two claims with which we are concerned – one in the amount of $104,717.17, for modifying the switch gear to allow for temporary cooling, and another in the amount of $55,232.11, for adding a fourth temporary chiller and redesigning the electrical work to accommodate it. The contracting officer did not issue a decision on either claim. VCG appealed from the deemed denial of the claims, and we docketed the appeals as CBCA 5212 (switch gear claim) and 5213 (fourth chiller claim).
Through mediation conducted by Board Judge Kyle Chadwick, the parties have resolved their dispute voluntarily. They have jointly moved the Board to award to VCG the sum of $107,600, inclusive of interest, as “full and complete settlement of all costs, direct and indirect, arising out of or relating to the Contract and the appeals.” VCG has agreed not to pursue reimbursement of attorney fees. The parties state that they will not seek reconsideration of or relief from a decision which makes the agreed-upon award, and they will not appeal the decision.
Decision
The appeals are GRANTED IN PART. The Board awards to Veterans Contracting Group, Inc. the sum of $107,600, inclusive of interest. Rule 25(b) (48 CFR 6101.25(b) (2015)). To the extent that the Department of Veterans Affairs does not make this payment directly to the contractor, payment may be made from the permanent indefinite judgment fund. 41 U.S.C. § 7108(a) (2012) (referencing 31 U.S.C. § 1304).
_________________________
STEPHEN M. DANIELS
Board Judge
We concur:
JOSEPH A. VERGILIO
Board Judge
RICHARD C. WALTERS
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Veterans Contracting Group, Inc., CBCA 5212, 5213. 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.