DISMISSED WITH PREJUDICE: June 18, 2007
CBCA 661
MVM, INC.,
Appellant,
v.
DEPARTMENT OF JUSTICE,
Respondent.
Tenley A. Carp of Cohen Mohr 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.
Armando Rodriguez-Feo, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, counsel for Respondent.
VERGILIO, Board Judge.
Order
On February 28, 2007, this Board received a notice of appeal from MVM, Inc.
(contractor) concerning its contract, MS-02-D-0002, with the United States Marshals Service. In a certified claim dated December 14, 2006, the contractor had requested payment of $710,295.28. The contractor contends that this amount is based upon properly invoiced amounts (plus Prompt Payment Act interest) for work it performed pursuant to the contract in 2005 and 2006 and which was accepted by the Government. Having not received a decision by the contracting officer, the contractor filed this appeal based upon a deemed denial of its claim.
The parties engaged in discussions regarding the particulars of the invoices and payment. By a submission received on June 15, 2007, the contractor provided the Board with a statement that the parties have resolved the underlying dispute. The stated withdrawal of _________________________
2 CBCA 661
the appeal is understood to mean a joint request for a dismissal with prejudice, as conveyed during a telephone conference on May 31.
The Board DISMISSES WITH PREJUDICE this appeal.
JOSEPH A. VERGILIO
Board Judge
This is a verbatim capture of the text layer of the Board's own document in MVM, Inc., CBCA 661. 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.