GRANTED: September 7, 2016
CBCA 5411
XEROX CORPORATION,
Appellant,
v.
DEPARTMENT OF HEALTH AND HUMAN SERVICES,
Respondent.
Jonathan S. Aronie of Sheppard, Mullin, Richter & Hampton 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.
Jason A. Blindauer and Linda A. Santiago, Office of the General Counsel, Department of Health and Human Services, Washington, DC, counsel for Respondent.
Before Board Judges SOMERS, KULLBERG, and CHADWICK.
CHADWICK, Board Judge.
Shortly after this appeal was filed, the parties jointly filed a motion and stipulation complying with Board Rule 25(b) (48 CFR 6101.25(b) (2015)) for an award to the appellant of $70,084.07, the amount sought in the notice of appeal. Having concluded that we have jurisdiction, and in particular that the appellant’s certified claim concerning purchase order HHSN263201100323U, issued under schedule contract GS-25F-0062L, was correctly submitted to the ordering contracting officer rather than the schedule contracting officer, see Sharp Electronics Corp. v. McHugh, 707 F.3d 1367, 1374 (Fed. Cir. 2013), we grant the motion and the appeal.
Decision
The appeal is GRANTED. The appellant is awarded $70,084.07. __________________________________ KYLE CHADWICK
Board Judge
We concur:
JERI KAYLENE SOMERS
Board Judge
H. CHUCK KULLBERG
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Xerox Corporation, CBCA 5411. 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.