GRANTED IN PART: September 18, 2019
CBCA 6249
AMERICAN BEEF PACKERS, INC.,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
James Y. Boland of Venable LLP, Tysons Corner, VA; and Spencer P. Williams of
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.
Venable LLP, Washington, DC, counsel for Appellant.
Antonio T. Robinson, Office of the General Counsel, Department of Agriculture, Washington, DC, counsel for Respondent.
Before Board Judges GOODMAN, LESTER, and CHADWICK.
LESTER, Board Judge.
Order
On September 4, 2018, appellant, American Beef Packers, Inc. (ABP), appealed the decision of a Department of Agriculture Agricultural Marketing Service (AMS) contracting officer denying ABP’s claim under AMS contract nos. 12-3J14-17-P-1939 (order no. 4100013495), 12-3J14-17-P-2296 (order no. 4100013765), and 12-3J14-18-P-0164 (order no. 4100013925). In its certified claim, ABP sought $445,975.73 in damages, later increased to $648,787.99, that ABP alleged resulted from AMS’s rejection of ABP’s deliveries of raw course ground beef under the contracts. The Board docketed the appeal as CBCA 6249. On September 17, 2019, the parties filed a joint motion for entry of judgment in which they reported that, through a settlement agreement, they had stipulated to an award in ABP’s favor of $636,520.19, plus $30,592.21 in interest under the Contract Disputes Act (CDA), 41 U.S.C. § 7109 (2012), to be paid from the permanent indefinite judgment fund, 31 U.S.C. § 1304. The parties have further stipulated that they will not seek reconsideration of or relief from, and will not appeal, the Board’s decision awarding the stipulated amount.
Decision
The appeal is GRANTED IN PART. The Department of Agriculture shall pay $636,520.19, plus CDA interest in the amount of $30,592.21, to ABP in full settlement of CBCA 6249, with each party to bear its own costs, attorney fees, and expenses. This payment shall be made in accordance with 41 U.S.C. § 7108 and may be made from the permanent indefinite judgment fund, 31 U.S.C. § 1304.
Harold D. Lester, Jr.
Board Judge
We concur:
Allan H. Goodman
Board Judge
Kyle Chadwick
Board Judge
This is a verbatim capture of the text layer of the Board's own document in American Beef Packers, Inc., CBCA 6249. 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.