GRANTED IN PART: April 4, 2023
CBCA 7599
NAGEL SERVICES, LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Matthew R. Keller and Giovanna R. Bonafede of Praemia Law, PLLC, Reston, VA,
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.
Harold W. Askins, III, Office of General Counsel, Department of Veterans Affairs, Charleston, SC, counsel for Respondent.
Before Board Judges GOODMAN, SHERIDAN, and O’ROURKE.
O’ROURKE, Board Judge.
On April 3, 2023, the parties jointly moved for entry of a stipulated judgment in the amount of $219,000 (settlement amount) to be paid to appellant, Nagel Services, LLC, through the permanent, indefinite judgment fund in accordance with 31 U.S.C. § 1304 (2018). See Board Rule 25(b) (48 CFR 6101.25(b) (2021)). The settlement amount includes all costs and fees but does not include interest. Pursuant to the Contract Disputes Act (CDA), 41 U.S.C. §§ 7101–7109, interest shall be calculated from the date of claim submission, September 29, 2022, and shall continue to accrue until paid. See 41 U.S.C. § 7109.
In their motion, the parties 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 Veterans Affairs shall pay to Nagel Services, LLC the amount of $219,000, plus CDA interest, accruing from September 29, 2022, until paid. Payment may be made from the permanent, indefinite judgment fund pursuant to 31 U.S.C. § 1304.
Kathleen J. O’Rourke
Board Judge
We concur:
Allan H. Goodman
Board Judge
Patricia J. Sheridan
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Nagel Services, LLC, CBCA 7599. 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.