CBCA 8283

Board: CBCA Agency: Department of Homeland Security Appellant: Barnard Spencer Joint Venture Date: 2025-07-10 Outcome: granted
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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