CBCA 4237
Board: CBCA
Appellant: Iron Pine Logging, LLC
Date: 2015-12-29
GRANTED IN PART: December 29, 2015
CBCA 4237
IRON PINE LOGGING, LLC,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
John J. Ferguson of Ferguson Law Office, PLLC, Missoula, MT, counsel for
Appellant.
Jennifer T. Newbold, Office of the General Counsel, Department of Agriculture,
Missoula, MT, counsel for Respondent.
Before Board Judges DANIELS (Chairman), SOMERS, and DRUMMOND.
DANIELS, Board Judge.
Iron Pine Logging, LLC claimed entitlement to $164,465.01 (later revised to
$124,200) under the Peterson RHR Salvage Timber Sale Contract with the Department of
Agricultureâs Forest Service. The contractor maintained that it had been damaged in this
amount due to a suspension of work ordered by the Forest Service during October 2013. The
contracting officer denied the claim, and the contractor appealed his decision to the Board.
The parties have now filed a joint motion for final judgment on stipulated settlement.
In this motion, they ask the Board to award to Iron Pine Logging, LLC the sum of $50,000,
inclusive of interest, to be paid from the permanent indefinite judgment fund, 31 U.S.C.
CBCA 4237 2
§ 1304 (2012). The parties state that they will not seek reconsideration or relief from a
decision which grants this sum, and that they will not appeal such a decision.
Decision
The motion is granted. The appeal is GRANTED IN PART. The Forest Service
shall pay to Iron Pine Logging, LLC the sum of $50,000, inclusive of interest. Payment shall
be made from the permanent indefinite judgment fund, 31 U.S.C. § 1304. Rule 25(b) (48
CFR 6101.25(b) (2014)).
_________________________
STEPHEN M. DANIELS
Board Judge
We concur:
_________________________ _________________________
JERI KAYLENE SOMERS JEROME M. DRUMMOND
Board Judge Board Judge