GRANTED: May 26, 2016
CBCA 5308
FUTURE FOREST, LLC,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
Alan I. Saltman and Brian S. Wood of Smith, Currie & Hancock, 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.
Patricia L. Disert, Office of General Counsel, Department of Agriculture, Albuquerque, NM, counsel for Respondent.
Before Board Judges DANIELS (Chairman), VERGILIO, and SHERIDAN.
SHERIDAN, Board Judge.
In this appeal, appellant, Future Forest, LLC (Future Forest), sought $56,132.49 plus interest pursuant to the Contract Disputes Act, 41 U.S.C. §§ 7101-7109 (2012) (CDA), on several unpaid or underpaid invoices submitted to a Department of Agriculture, Forest Service (Forest Service) contracting officer under contract 53-8173-4-001, the White Mountain Stewardship contract. When the Forest Service contracting officer failed to issue a timely final decision on the claim within sixty days of receipt, Future Forest filed an appeal from a deemed denial of the claim. 41 U.S.C. §§ 7103(f)(5), 7104.
On May 24, 2016, the parties filed a corrected joint motion for entry of stipulated judgment, stating:
Pursuant to CBCA Rule 25(b), the parties, by their undersigned counsel, jointly move for entry of a stipulated judgment of $56,132.49 plus Contract Disputes Act interest thereon from October 12, 2015. This amount shall be paid from the permanent indefinite judgment fund. This stipulated judgment amount is inclusive of all costs, direct and indirect, including but not limited to any attorney’s fees and expenses . . . .
The parties will not seek reconsideration of, or relief from, the Board’s decision under CBCA Rules 26 and 27, respectively, and neither party will appeal the Board’s decision.
Based on the foregoing, the parties jointly request that the Board grant this Corrected Joint Motion for Entry of Stipulated Judgment.
Decision
Accordingly, this appeal is GRANTED. In accordance with the parties’ motion, the Board awards the sum of $56,132.49 plus CDA interest to run from October 12, 2015, until payment. Payment may be made from the permanent indefinite judgment fund, 31 U.S.C. § 1304 (2012). This award does not include attorney fees and expenses; the Board understands the motion to state that appellant will not seek such fees and expenses. PATRICIA J. SHERIDAN
Board Judge
We concur:
STEPHEN M. DANIELS
Board Judge
JOSEPH A. VERGILIO
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Future Forest, LLC, CBCA 5308. 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.