Kearfott Corporation

• Court: Armed Services Board of Contract Appeals
• Decided: May 6, 2015
• Docket: ASBCA No. 58197, 58865
• Status: Published

Opinion

ARMED SERVICES BOARD OF CONTRACT APPEALS

Appeals of -- ) ) Kearfott Corporation ) ASBCA Nos. 58197, 58865 ) Under Contract No. N00030-94-C-0041 et al. )

APPEARANCES FOR THE APPELLANT: Stephen D. Knight, Esq. Ashley N. Barbera Amen, Esq. Smith Pachter Mc Whorter PLC Vienna, VA

APPEARANCE FOR THE GOVERNMENT: E. Michael Chiaparas, Esq. DCMA Chief Trial Attorney

OPINION BY ADMINISTRATIVE JUDGE PEACOCK

Following an Alternative Dispute Resolution mediation process, the parties entered into a settlement agreement and release and have jointly requested that the Board enter judgment in the above-referenced appeals.

It is the Board's decision, pursuant to 41 U.S.C. §§ 7105(e), 7108(b), and the parties' settlement agreement and release, that the appeals are sustained. In the nature of a consent judgment, the Board makes a monetary award in the amount of $2,715,966.76, representing the sum of $2,613,666.76 of principal due to appellant (the "principal amount"), and $102,300.00 in interest owed on amounts previously paid by the government to appellant. Interest on the principal amount shall be calculated as follows: (1) interest on the amount of $57,974.40 shall be calculated from 15 February 2012 through the date of payment in accordance with 41 U.S.C. § 7109; and (2) interest on the amount of$2,555,692.36 shall be calculated from 30 April 2013 through the date of payment in accordance with 41 U.S.C. § 7109.

R~ Dated: 6 May 2015

Administrative Judge Armed Services Board of Contract Appeals

(Signatures continued) I concur I concur

MARK N. STEMPLER RIC 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 Nos. 58197, 58865, Appeals of Kearfott Corporation, rendered in conformance with the Board's Charter.

Dated:

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

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