GRANTED IN PART: November 5, 1992 GSBCA 11663 VEHICLE MAINTENANCE SERVICES, Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Howard Friedman, Silver Spring, MD, counsel for Appellant, and Robert A. Oliver, Vehicle Maintenance Services, Silver Spring, MD, appearing for Appellant. John E. Cornell and Margaret A. Dillenburg, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent. Before Board Judges HENDLEY, NEILL, and WILLIAMS. WILLIAMS, Board Judge. On January 8, 1992, Vehicle Maintenance Services (VMS) appealed the final decision of a General Services Administration (GSA) contracting officer denying VMS' claim under contract number GS-04F-88-ETS-0165 for preventative maintenance, over- haul, and repair of Government-owned vehicles in Ft. Jackson, South Carolina. On November 2, 1992, the parties filed an offer of award pursuant to Board Rule 36(e) stating, in pertinent part: 1. That, GSA and the Appellant agree to the partial dismissal of Docket No. 11663 with prejudice; and 2. The government shall agree to pay from the Permanent Indefinite Judgement Fund to Appellant a total of $ 35,000.00. This total amount shall be paid without interest, provided however, that Respondent finalize this offer of award and the General Services Board of Contract Appeals enter judgment based upon this Offer of Award within ten calendar days from the date this document is executed by Appellant. If these two conditions are not met, then interest as provided by the Contract Disputes Act shall begin to accrue using the eleventh day after execution as the date interest begins rather than the date of claim. 3. GSA and Appellant agree that this stipulation of settlement shall act as an accord and satisfaction of those portions of the claim listed below as "settled," and mutually release each other from all liability that has arisen or may arise with respect to any aspect of said portions of said contract: Claim Element Status Diverted Work $ 58,458.70 to be Litigated Prompt Payment Settled Ignition System Labor $ 6,971.50 to be Litigated Non-Standard Vehicle Labor $ 249,828.75 to be Litigated Motor Repair Variance Labor $ 21,951.96 to be Litigated Preventative Maintenance Labor $ 18,470.50 to be Litigated GSA Supplied Parts Settled Motor Listed Parts $ 8,360.99 to be Litigated Non-Motor Listed Parts $ 151,310.79 to be Litigated Oil Filters Settled Wheel Balance Labor Settled Remove and Install Wheel Labor Settled Towing Service for Flat Tires Settled Telephone System Deficiency Settled Air Compressor Deficiency Settled Short Paid Invoices Settled Outstanding Invoices Settled Vehicle Delivery Labor $ 13,697.10 to be Litigated Pay for Required Equipment $ 9,722.30 to be Litigated Labor Inefficiency $ 283,137.19 to be Litigated Multiyear/Level Price Contract $ 13,630.43 to be Litigated Negligent Quantity Estimates $ 114,756.64 to be Litigated Bad Faith Breech of Contract $ 960,106.48 to be Litigated Total Claim Remaining $ 1,910,403.30 to be Litigated; and 4. Nothing expressed or implied herein is intended or shall be construed to confer upon or give any person, firm, corporation, or other entity, other than the parties herein, any right, remedy, or claim against any party hereto under or by reason of this Stipulation of Settlement or of any terms, covenants, promises, or agreements contained herein, which shall be for the sole exclusive benefit of the parties hereto, their successors and assigns; and 5. Both parties have had adequate time to reflect upon, consider, and consult with legal counsel concerning the terms of this Stipulation of Settlement, and that the parties have executed this Stipulation of Settlement voluntarily and free from improper influence or duress; and 6. In construing this Stipulation of Settlement, no inference premised upon the origin or source of any language used herein shall be drawn; and 7. This Stipulation of Settlement shall be binding upon the parties, and their successors and assigns; and 8. The parties signing this document certify that they have the specific authority to enter into this stipulation; and 9. The parties to this offer of award will not seek reconsideration of, or relief from, the Board's decision regarding this Offer of Award; and 10. The parties to this offer will not appeal the Board's decision regarding this Offer of Award. Decision Pursuant to the stipulation of the parties, this appeal is GRANTED IN PART. Rule 36(e). Judgment is entered for appellant in the amount of $35,000 to be paid, in accordance with the parties' stipulation, without interest, from the permanent indefinite judgment fund, 31 U.S.C. 1304 (1988). 41 U.S.C. 612(b) (1988). ______________________________ MARY ELLEN COSTER WILLIAMS Board Judge We concur: ____________________________ ____________________________ JAMES W. HENDLEY EDWIN B. NEILL Board Judge Board Judge