CBCA 5660

Blackhawk, LLC

May 22, 2017Judge O'RourkeDEPARTMENT OF VETERANS AFFAIRS
DecisionGranted in partby agreement

Key Facts

Appellant
Blackhawk, LLC
Respondent agency
DEPARTMENT OF VETERANS AFFAIRS
Judge
O'Rourke
Case number
CBCA 5660
Decided
May 22, 2017The decision states May 22, 2017 on its own face, which agrees with the listing.
Decision type
Decision
Law firm for the appellant
Bradley Arant Boult Cummings LLP
Outcome
Granted in partEntered by agreement of the parties.
The appeal is GRANTED IN PART.
Read from the shouted disposition line the Board prints above this decision's own date, and quoted from its operative sentence above. No model is involved.

Topics

Payment and interest

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Appearances

For the appellant
Robert J. Symon
Bradley Arant Boult Cummings LLP
Washington, DC
For the respondent
David G. Fagan
Office of General Counsel, Department of Veterans Affairs
Portland, OR
Decision PDF (cbca.gov) Civilian Board of Contract Appeals, Contract Disputes Act casesThe Board's year listing this row was read fromThe decision document is hosted by the Board itself, so it is an official copy, and the Board's own Contract Disputes Act case listing is the citable source. The topics, the disposition and the appearances above are read deterministically from the decision's own words; no model is involved.

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Full Decision

Full text of the decision2 pages, 1,825 characters, read from the Board's own documentDecided May 22, 2017 on its own faceRespondent DEPARTMENT OF VETERANS AFFAIRS Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

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Agency FAR supplements1

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GRANTED IN PART: May 22, 2017

CBCA 5660

BLACKHAWK, LLC,

Appellant,

v.

DEPARTMENT OF VETERANS AFFAIRS,

Respondent.

Robert J. Symon of Bradley Arant Boult Cummings 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.

David G. Fagan, Office of General Counsel, Department of Veterans Affairs, Portland, OR, counsel for Respondent.

Before Board Judges RUSSELL, O’ROURKE, and CHADWICK.

O’ROURKE, Board Judge.

On March 1, 2017, appellant, Blackhawk, LLC, appealed the final decision of the Department of Veterans Affairs’ (VA) contracting officer, dated January 17, 2017, pertaining to lease number VA260-15-L-0042. The Board has jurisdiction over this appeal pursuant to 41 U.S.C. §§ 7101-7109 (2012).

On May 11, 2017, the parties entered into a settlement agreement in accordance with Board Rule 54 (48 CFR 6101.54(2016)), resolving all claims under this appeal. On May 15, 2017, pursuant to a settlement, the parties filed a joint motion for judgment in favor of appellant in the amount of $500,000 without statutory interest, if payment is made in thirty days.

The joint motion and stipulation state that the parties will each bear their own attorney fees, costs, and expenses, and that, in accordance with Board Rule 25(b), neither party will seek reconsideration of, or relief from, the Board’s decision under Board Rules 26 or 27. The parties further affirm that neither Blackhawk nor the VA will appeal the Board’s decision.

Decision

The appeal is GRANTED IN PART. Appellant is awarded $500,000, plus interest calculated in accordance with 41 U.S.C. § 7109 and the parties’ joint stipulation, beginning on June 22, 2017, if payment is not made by that date.

___________________________

KATHLEEN J. O’ROURKE

Board Judge

We concur:

BEVERLY M. RUSSELL

Board Judge

KYLE E. CHADWICK

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Blackhawk, LLC, CBCA 5660. 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.

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