CBCA 8283
Board: CBCA
Agency: Department of Homeland Security
Appellant: Barnard Spencer Joint Venture
Date: 2025-07-10
Outcome: granted
GRANTED: July 10, 2025
CBCA 8283
BARNARD SPENCER JOINT VENTURE,
Appellant,
v.
DEPARTMENT OF HOMELAND SECURITY,
Respondent.
Scott P. Fitzsimmons and Brandon K. Regan of Watt, Tieder, Hoffar & Fitzgerald,
L.L.P., McLean, VA, counsel for Appellant.
Kimberly L. Cohen, Office of Chief Counsel, Customs and Border Protection,
Department of Homeland Security, Indianapolis, IN; and Raul Chiriboga, Office of Chief
Counsel, Customs and Border Protection, Department of Homeland Security, Washington,
DC, counsel for Respondent.
Before Board Judges SHERIDAN, KULLBERG, and VOLK.
SHERIDAN, Board Judge.
On June 17, 2025, appellant, Barnard Spencer Joint Venture, and respondent, the
Department of Homeland Security, filed a joint motion requesting the entry of a stipulated
judgment in favor of appellant for $54,569,187.30 plus interest, as authorized by the Contract
Disputes Act (CDA), 41 U.S.C. § 7109 (2018), accruing from August 5, 2024. The
settlement amount includes all costs and fees set forth in the settlement agreement between
the parties and fully resolves the dispute underlying this appeal. The parties have stipulated
that they will not seek reconsideration of, seek relief from, or appeal the Board’s entry of
CBCA 8283 2
judgment awarding the stipulated amount to appellant. See Rule 25(b) (48 CFR 6101.25(b)
(2024)).
Decision
The appeal is GRANTED. Respondent shall pay $54,569,187.30 to appellant in full
settlement of CBCA 8283, plus CDA interest accruing from August 5, 2024, until the date
of payment. Appellant waives any further rights it may have to claim recovery of attorney
fees, costs, and expenses that it may have incurred in conjunction with this appeal.
Patricia J. Sheridan
PATRICIA J. SHERIDAN
Board Judge
We concur:
H. Chuck Kullberg Daniel B. Volk
H. CHUCK KULLBERG DANIEL B. VOLK
Board Judge Board Judge