Spectrum-Insight, Joint Venture

• Court: Armed Services Board of Contract Appeals
• Decided: August 9, 2016
• Docket: ASBCA No. 58822, 59972, 59973
• Status: Published

Opinion

ARMED SERVICES BOARD OF CONTRACT APPEALS

Appeals of -- ) ) Spectrum-Insight, Joint Venture ) ASBCA Nos. 58822, 59972, 59973 ) Under Contract No. W9 l 2PL- l O-C-0039 )

APPEARANCES FOR THE APPELLANT: Jonathan A. DeMella, Esq. Kate H. Kennedy, Esq. Davis Wright Tremaine LLP Seattle, WA

APPEARANCES FOR THE GOVERNMENT: Thomas H. Gourlay, Jr., Esq. Engineer Chief Trial Attorney John F. Bazan, Esq. Engineer Trial Attorney U.S. Army Engineer District, Los Angeles

OPINION BY ADMINISTRATIVE JUDGE PEACOCK

It is the Board's decision, pursuant to 41 U.S.C. §§ 7105(e), 7108(b), and the parties' Settlement Agreement, dated 15 July 2016, resulting from an Alternative Dispute Resolution process following a ten-day hearing, and the parties' 3 August 2016 "REQUEST FOR ENTRY OF CONSENT JUDGMENT," that the appeals are sustained. In the nature of a consent judgment, the Board makes a monetary award to appellant in the amount of $2,750,000. Pursuant to paragraph 2.b. of the parties' Settlement Agreement, if payment is not made within 60 days from the date of this decision, interest shall be paid on this amount pursuant to 41 U.S.C. § 7109 commencing on the 6Pt day until date of payment.

Dated: 9 August 2016

(Signatures continued) I concur I concur

~~· MARK N. STEMPLER RICHARD SHACKLEFORD 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. 58822, 59972, 59973, Appeals of Spectrum-Insight, Joint Venture, rendered in conformance with the Board's Charter.

Dated:

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