CBCA 7954
Board: CBCA
Agency: Department of Veterans Affairs
Appellant: FHC Contracting, Inc.
Date: 2025-04-22
Outcome: granted
GRANTED IN PART: April 22, 2025
CBCA 7954, 7958
FHC CONTRACTING, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Frank H. Fehmel, Managing Director, and Carl E. Wessels, Chief Financial Officer
of FHC Contracting, Inc., DeSoto, TX, appearing for Appellant.
David G. Fagan, Office of General Counsel, Department of Veterans Affairs, Bend,
OR, counsel for Respondent.
Before Board Judges BEARDSLEY, O’ROURKE, and CHADWICK.
BEARDSLEY, Board Judge (Chair).
On April 17, 2025, appellant, FHC Contracting, Inc. (FHC), and respondent, the
Department of Veterans Affairs (VA), filed a joint motion requesting the entry of a stipulated
judgment in FHC’s favor in the amount of $80,000. FHC waives any right it may have to
claim for recovery of interest, attorney fees, costs, and expenses it may have incurred in
conjunction with the appeals, except that if the settlement amount remains unpaid, Contract
Disputes Act (CDA), 41 U.S.C. § 7109 (2018), interest will begin to accrue on June 6, 2025,
and continue to accrue until payment is made. The parties have stipulated that they will not
seek reconsideration of, seek relief from, or appeal the Board’s entry of judgment awarding
the stipulated amount to FHC. See Rule 25(b) (48 CFR 6101.25(b) (2024)).
CBCA 7954, 7958 2
Decision
The appeal is GRANTED IN PART. VA shall pay $80,000 to FHC in full settlement
of CBCA 7954 and CBCA 7958, with CDA interest running from June 6, 2025, if payment
is not yet made, until the payment date. FHC waives any further right it may have to claim
for recovery of interest, attorney fees, costs, and expenses it may have incurred in
conjunction with the appeals.
Erica S. Beardsley
ERICA S. BEARDSLEY
Board Judge
We concur:
Kathleen J. O’Rourke Kyle Chadwick
KATHLEEN J. O’ROURKE KYLE CHADWICK
Board Judge Board Judge