DISMISSED WITH PREJUDICE: May 3, 2007
CBCA 674
VAXGEN, INC.,
Appellant,
v.
DEPARTMENT OF HEALTH AND HUMAN SERVICES,
Respondent.
Kevin P. Mullen of Cooley Godward Kronish 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.
Daniel J. Barry and Jonathan A. Baker, Office of the General Counsel, Department of Health and Human Services, Washington, DC, counsel for Respondent.
KULLBERG, Board Judge.
Order
VaxGen, Inc. appealed on March 15, 2007 the contracting officer’s December 19, 2006 decision that terminated for default its right to further proceed under its contract with the Department of Health and Human Services.
On April 30, 2007, the Board received the parties’ joint motion for dismissal. Under the terms of the settlement agreement the parties executed on April 3, 2007, they have requested that the Board dismiss this appeal with prejudice.
______________________
2 CBCA 674
This appeal is hereby DISMISSED WITH PREJUDICE.
H. CHUCK KULLBERG
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Vaxgen, Inc, CBCA 674. 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.