GRANTED IN PART: December 27, 2007
ACQUEST GOVERNMENT LEASES, LLC,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
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.
Edward V. Gregorowicz, Jr., and James P. Connor of the Law Offices of Edward V.
Gregorowicz, Jr., Fairfax, VA, counsel for Appellant.
Dalton F. Phillips and Leonard E. Lucas III, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent.
Before Board Judges DANIELS (Chairman), GILMORE, and POLLACK.
DANIELS, Board Judge.
Acquest Government Leases, LLC (Acquest), owns and operates commercial real property known as the Niagara Center in Buffalo, New York. Acquest leases office and related space in the Niagara Center to the General Services Administration (GSA) for occupancy by various Government tenants.
Acquest submitted to the appropriate GSA contracting officer claims under five separate leases for space in the Niagara Center. Three of the claims, totaling $1,229,791, involved costs for overtime use of heating, ventilating, and air conditioning (HVAC). Five of the claims, totaling $599,417, involved the impact on HVAC costs of modifications _________________________
_________________________ _________________________ Acquest and GSA have now filed a Joint Motion for Stipulated Award. In this motion, they ask the Board to enter judgment for Acquest in the eight appeals in the amount of $500,000. The parties state that they “agree that the $500,000.00 lump sum Stipulated Award is inclusive and in full satisfaction of any applicable costs, attorney fees, and interest relating to the dispute and/or claims in CBCA Nos. 720 to 727.” The parties also state that “upon entry of the requested Stipulated Award, (1) they will not seek reconsideration of, or relief from, the Board’s Decision, and (2) they will not appeal the Decision.”
2CBCA 720, 721, 722, 723, 724, 725, 726, 727 directed by the Government to the layout of office space. The contracting officer denied all eight claims. Acquest appealed the decisions. The Board docketed the appeals of the denials of the first three claims as CBCA 720, 721, and 722, and the appeals of the denials of the last five as CBCA 723, 724, 725, 726, and 727.
Decision
The appeals are GRANTED IN PART. The General Services Administration shall pay to Acquest Government Leases, LLC, the sum of $500,000. Rule 25(b). This sum shall be paid from the permanent indefinite judgment fund. 31 U.S.C. § 1304 (2000).
STEPHEN M. DANIELS
Board Judge
We concur:
BERYL S. GILMORE
Board Judge
HOWARD A. POLLACK
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Acquest Government Leases, LLC, CBCA 720, 721, 722, 723, 724, 725, 726, 727. 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.