GRANTED: July 10, 2025
CBCA 8283
BARNARD SPENCER JOINT VENTURE,
Appellant,
v.
DEPARTMENT OF HOMELAND SECURITY,
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.
Scott P. Fitzsimmons and Brandon K. Regan of Watt, Tieder, Hoffar & Fitzgerald, L.L.P., McLean, VA, counsel for Appellant.
Kimberly L. Cohen, Office of Chief Counsel, Customs and Border Protection, Department of Homeland Security, Indianapolis, IN; and Raul Chiriboga, Office of Chief Counsel, Customs and Border Protection, Department of Homeland Security, Washington, DC, counsel for Respondent.
Before Board Judges SHERIDAN, KULLBERG, and VOLK.
SHERIDAN, Board Judge.
On June 17, 2025, appellant, Barnard Spencer Joint Venture, and respondent, the Department of Homeland Security, filed a joint motion requesting the entry of a stipulated judgment in favor of appellant for $54,569,187.30 plus interest, as authorized by the Contract Disputes Act (CDA), 41 U.S.C. § 7109 (2018), accruing from August 5, 2024. The settlement amount includes all costs and fees set forth in the settlement agreement between the parties and fully resolves the dispute underlying this appeal. The parties have stipulated that they will not seek reconsideration of, seek relief from, or appeal the Board’s entry of judgment awarding the stipulated amount to appellant. See Rule 25(b) (48 CFR 6101.25(b) (2024)).
Decision
The appeal is GRANTED. Respondent shall pay $54,569,187.30 to appellant in full settlement of CBCA 8283, plus CDA interest accruing from August 5, 2024, until the date of payment. Appellant waives any further rights it may have to claim recovery of attorney fees, costs, and expenses that it may have incurred in conjunction with this appeal. Patricia J. Sheridan
PATRICIA J. SHERIDAN
Board Judge
We concur:
H. Chuck Kullberg
Board Judge
Daniel B. Volk
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Barnard Spencer Joint Venture, CBCA 8283. 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.