CBCA 61

Pro Kleen Industrial Services, Inc.

Feb 1, 2008Judge SternDEPARTMENT OF HOMELAND SECURITY
Not published in the listingSettled

Key Facts

Appellant
Pro Kleen Industrial Services, Inc.
Respondent agency
DEPARTMENT OF HOMELAND SECURITY
Judge
Stern
Case number
CBCA 61
Decided
Feb 1, 2008The decision states Feb 1, 2008 on its own face, which agrees with the listing.
Decision type
Not published in the listingThe Board's year tables for 2007 through 2014 carry no Type column, so no disposition was published for this decision. It is not missing data and nothing is inferred from the document.
Law firm for the appellant
Dager, Johnston, Miller, Ogilvie & Hampson
Outcome
Settled
The appeal is DISMISSED WITH PREJUDICE.
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

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Appearances

For the appellant
Jeff J. Spangler and Brian D. Shonk
Dager, Johnston, Miller, Ogilvie & Hampson
Lancaster, OH
For the respondent
Daniel L. Winand
Office of Procurement Law, United States Coast Guard, Department of Homeland Security
Washington, DC
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, 1,315 characters, read from the Board's own documentDecided Feb 1, 2008 on its own faceRespondent DEPARTMENT OF HOMELAND SECURITY Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

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Public laws1

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DISMISSED WITH PREJUDICE: February 1, 2008

CBCA 61

PRO KLEEN INDUSTRIAL SERVICES, INC.,

Appellant,

v.

DEPARTMENT OF HOMELAND SECURITY,

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.

Jeff J. Spangler and Brian D. Shonk of Dager, Johnston, Miller, Ogilvie & Hampson, LLP, Lancaster, OH, counsel for Appellant.

Daniel L. Winand, Office of Procurement Law, United States Coast Guard, Department of Homeland Security, Washington, DC, counsel for Respondent.

STERN, Board Judge.

Order

Pro Kleen Industrial Services, Inc. (appellant) was awarded a contract requiring it to supply shower trailers to the United States Coast Guard for a period of six months. Appellant filed this appeal with the Department of Transportation Board of Contract Appeals 1

(DOTBCA) from the contracting officer’s demand for a return of overpayments, in excess of $150,000, under the contract.

1Pursuant to statute, all cases pending before the DOTBCA were transferred to the Civilian Board of Contract Appeals (CBCA) on January 6, 2007. Pub. L. No. 109-163, § 847, 119 Stat. 3136 (2006).

________________________________

2 CBCA 61

After the appeal was filed, the parties engaged in settlement negotiations and resolved all outstanding issues. The parties jointly move to dismiss the appeal.

The motion is granted. The appeal is DISMISSED WITH PREJUDICE.

JAMES L. STERN

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Pro Kleen Industrial Services, Inc., CBCA 61. 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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