GRANTED IN PART: September 17, 2020
CBCA 6667
EAGLE ACQUISITION XIII, LLC dba CONCORDIA NURSING AND
REHABILITATION - RIVER POINTE,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Tenley A. Carp of Arnall Golden Gregory LLP, Washington, DC; and David L.
Hobson of Arnall Golden Gregory LLP, Atlanta, GA, 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.
Jennifer L. Hedge, Office of General Counsel, Department of Veterans Affairs, Pittsburgh, PA, counsel for Respondent.
Before Board Judges BEARDSLEY, SULLIVAN, and RUSSELL.
SULLIVAN, Board Judge.
On September 16, 2020, the parties jointly moved for entry of a stipulated judgment in the amount of $869,345.89 (settlement amount), to be paid to appellant, Eagle Acquisition XIII, LLC dba Concordia Nursing and Rehabilitation - River Pointe (Concordia), through the permanent indefinite judgment fund in accordance with 31 U.S.C. § 1304 (2018). See 48 CFR 6101.25(b) (2018). The settlement amount is inclusive of all costs, fees, and interest. Interest calculated pursuant to the Contract Disputes Act (CDA), 41 U.S.C. § 7109, on the settlement amount shall begin to accrue on October 15, 2020, if payment has not been made to Concordia by that date and shall continue to accrue until payment is made. The parties state that they will not seek appeal of, reconsideration of, or relief from the Board’s decision.
Decision
The Board GRANTS IN PART the appeal. Concordia shall be paid $869,345.89 plus CDA interest to run from October 15, 2020, until payment is made.
Marian E. Sullivan
Board Judge
We concur:
Erica S. Beardsley
Board Judge
Beverly M. Russell
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Eagle Acquisition XIII, LLC dba Concordia Nursing and Rehabilitation - River Pointe, CBCA 6667. 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.