CMS Corp/TolTest JV IV

• Court: Armed Services Board of Contract Appeals
• Decided: February 5, 2018
• Docket: ASBCA No. 60547
• Status: Published

Opinion

ARMED SERVICES BOARD OF CONTRACT APPEALS

Appeal of -- ) ) CMS Corp/TolTest JV IV ) ASBCA No. 6054 7 ) Under Contract No. N69450-10-D-1271 )

APPEARANCE FOR THE APPELLANT: R. Dale Holmes, Esq. Cohen Seglias Pallas Greenhall & Furman PC Philadelphia, PA

APPEARANCES FOR THE GOVERNMENT: Ronald J. Borro, Esq. Navy Chief Trial Attorney David M. Marquez, Esq. Trial Attorney

OPINION BY ADMINISTRATIVE JUDGE OSTERHOUT

Pursuant to an Alternative Dispute Resolution/mediation process, the parties have settled the referenced appeal and have jointly filed a "Request for Entry of Consent Judgment" (Request), dated 4 February 2018. Accordingly, it is the Board's decision, pursuant to 41 U.S.C. §§ 7105(e), 7108(b), and the parties' stipulation and agreement, that the appeal is sustained. In the nature of a consent judgment, the Board makes a monetary award to appellant in the amount of $546,804.93. This amount is inclusive of Contract Disputes Act interest. No further interest shall be paid.

Dated: 5 February 2018

Administrative Judge Armed Services Board of Contract Appeals I concur I concur

RICHARD SHACKLEFORD OWEN C. WILSON Administrative Judge Administrative Judge Acting Chairman Vice Chairman Armed Services Board Armed Services Board of Contract Appeals of Contract Appeals

I certify that the foregoing is a true copy of the Opinion and Decision of the Armed Services Board of Contract Appeals in ASBCA No. 60547, Appeal of CMS Corp/TolTest JV IV, rendered in conformance with the Board's Charter.

Dated:

JEFFREY D. GARDIN Recorder, Armed Services Board of Contract Appeals