DISMISSED WITH PREJUDICE: August 21, 2007
CBCA 796
MVM, INC.,
Appellant,
v.
DEPARTMENT OF HOMELAND SECURITY,
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.
Richard J. Sprunk, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, Washington, DC, counsel for Respondent.
VERGILIO, Board Judge.
Order
On June 21, 2007, this Board received a notice of appeal from MVM, Inc. (contractor) concerning its contract, GS-03P-02-CID-0012, with the Department of Homeland Security (Government). In a certified claim dated March 27, 2007, the contractor requested payment of $1,061,767.24, for outstanding payments for work performed from 2004 through 2006, an amount which includes interest and penalties. The Government paid the contractor $546,305.30. The contractor states that it has received neither a written nor verbal response to its claim. Treating the lack of a contracting officer decision as a deemed denial, the contractor now seeks to recover $490,532.52, plus interest pursuant to statute, 41 U.S.C. § 611 (2000).
The Board has jurisdiction over this timely-filed appeal. 41 U.S.C.A. §§ 601-613 (2006). The parties engaged in discussions regarding the particulars of the invoices and payment. In a submission the Board received on August 17, 2007, the contractor specifies _________________________
2 CBCA 796
that it has resolved its dispute with the Government. The Board understands the request to withdraw the appeal to be a request for dismissal with prejudice.
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 796. 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.