CBCA 3797

GRANTED IN PART: June 5, 2017 CBCA 3797 CERES CARIBE, INC., Appellant, v. DEPARTMENT OF AGRICULTURE, Respondent. Karl F. Dix, Jr., Garrett E. Miller, and Douglas L. Tabeling of Smith, Currie & Hancock LLP, Atlanta, GA, counsel for Appellant. Mark R. Simpson, Office of the General Counsel, Department of Agriculture, Atlanta, GA, counsel for Respondent. Before Board Judges DANIELS (Chairman), VERGILIO, and DRUMMOND. DANIELS, Board Judge. The Department of Agriculture’s Forest Service contracted with Ceres Caribe, Inc. (Ceres) for construction of a parrot recovery aviary complex in the Caribbean National Forest in Puerto Rico. Ceres claimed entitlement to $642,574 in contract adjustments for which it considered the Forest Service liable. The contractor appealed the contracting officer’s deemed denial of the claim. As a result of mediation conducted by Board Judge Kyle Chadwick, the parties have resolved their differences and have jointly filed a request, pursuant to Board Rule 25(b) (48 CFR 6101.25(b) (2016)), that the Board issue a decision awarding to Ceres $339,000, CBCA 3797 2 inclusive of interest. By filing certificates of finality with the Board, each party has stated that it will not request reconsideration or relief from a decision which makes such an award, and it will not appeal such a decision. The parties have agreed that the funds shall be paid from the permanent indefinite judgment fund established pursuant to 31 U.S.C. § 1304 (2012). Decision The appeal is GRANTED IN PART. The Department of Agriculture shall pay to Ceres Caribe, Inc. the sum of $339,000, inclusive of interest. _________________________ STEPHEN M. DANIELS Board Judge We concur: _________________________ _________________________ JOSEPH A. VERGILIO JEROME M. DRUMMOND Board Judge Board Judge