CBCA 5411

GRANTED: September 7, 2016 CBCA 5411 XEROX CORPORATION, Appellant, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent. Jonathan S. Aronie of Sheppard, Mullin, Richter & Hampton LLP, Washington, DC, counsel for Appellant. Jason A. Blindauer and Linda A. Santiago, Office of the General Counsel, Department of Health and Human Services, Washington, DC, counsel for Respondent. Before Board Judges SOMERS, KULLBERG, and CHADWICK. CHADWICK, Board Judge. Shortly after this appeal was filed, the parties jointly filed a motion and stipulation complying with Board Rule 25(b) (48 CFR 6101.25(b) (2015)) for an award to the appellant of $70,084.07, the amount sought in the notice of appeal. Having concluded that we have jurisdiction, and in particular that the appellant’s certified claim concerning purchase order HHSN263201100323U, issued under schedule contract GS-25F-0062L, was correctly submitted to the ordering contracting officer rather than the schedule contracting officer, see Sharp Electronics Corp. v. McHugh, 707 F.3d 1367, 1374 (Fed. Cir. 2013), we grant the motion and the appeal. CBCA 5411 2 Decision The appeal is GRANTED. The appellant is awarded $70,084.07. __________________________________ KYLE CHADWICK Board Judge We concur: ______________________________ _________________________________ JERI KAYLENE SOMERS H. CHUCK KULLBERG Board Judge Board Judge