E & A Restoration Inc. v. Department of the Interior, 2017 WL 3114028
The Civilian Board of Contract Appeals (CBCA) decided this case. As part of the General Services Administration (GSA), the CBCA hears various cases concerning federal agencies in the executive branch. Under the Contract Disputes Act(41 U.S.C. 7101-7109), the CBCA conducts dispute resolution between government contractors and agencies.
The CBCA was established on January 6, 2007, in accordance with Section 847 of the National Defense Authorization Act for Fiscal Year 2006. After its formation, the CBCA consolidated the authority of eight different governmental bodies – the contract appeal boards of the Departments of Housing and Urban Development, Interior, Labor, Energy, Transportation, Veterans Affairs and Agriculture as well as the General Services Administration.
The CBCA has authority to hear cases involving all federal government agencies, except for the Department of Defense, the National Aeronautics and Space Administration, the United States Postal Service, the Postal Regulatory Commission and the Tennessee Valley Authority.
The CBCA also promotes the use of alternative dispute resolution (ADR) techniques to resolve disputes quickly, effectively, and at low cost. Employing various practices to streamline regular case procedure, the CBCA encourages all parties to resolve conflicts out of court.
Background of a Joint Motion to Settle Disputes
In 2012, the Department of the Interior (DOI) awarded Contract INP12PC00079 to E & A Restoration Inc. (E&A). The contract was classified under NAICS code 236220 for “Commercial and Institutional Building Construction.” The total value of this firm-fixed-price contract was $8,712,580.
The contract called for rehabilitation of the interior of the Home of Franklin D. Roosevelt. The contract also called for restoration of the exterior of Sagamore Hill and the Home of Franklin D. Roosevelt. As both locations are national historic sites, the contract stipulated that “all work shall be completed with care and in a manner which will protect the historic fabric and landscape.”
Sometime after the contract award, a dispute arose concerning this contract. E&A appealed to the CBCA for review and a final determination.
Joint Motion to Settle Disputes Analysis
Before the CBCA could review this case, the parties were able to resolve the dispute with a settlement on June 19, 2017.
The parties agreed on a joint motion to settle disputes. The joint motion also called for the CBCA to dismiss the appeal with prejudice. As a result, the CBCA dismissed this appeal with prejudice.
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