DISMISSED WITH PREJUDICE: January 24, 2008
CBCA 937
METRiX TECHNOLOGIES, INC.,
Appellant,
v.
DEPARTMENT OF HEALTH AND HUMAN SERVICES,
Respondent.
Katherine S. Nucci of Thompson Coburn, 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.
Michael I. Goulding, Office of the General Counsel, Department of Health and Human Services, Washington, DC, counsel for Respondent.
VERGILIO, Board Judge.
Order
On October 12, 2007, pursuant to the Contract Disputes Act of 1978, 41 U.S.C.
§§ 601-613, as amended, METRiX Technologies, Inc. (contractor) filed a notice of appeal based upon the deemed denial by the contracting officer of the contractor’s certified claim for $110,092.82. The contractor disputes the award fee determinations for three evaluation years under its contract, 230-03-0018, with the Health Resources and Services Administration of the Department of Health and Human Services. The parties agreed to stay proceedings pending the issuance of a decision by the contracting officer. On January 15, 2008, the contracting officer issued a decision awarding some of the fees sought. On January 22, 2008, the contractor submitted a request for a dismissal with prejudice.
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2 CBCA 937
Accordingly, 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 Metrix Technologies, Inc., CBCA 937. 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.