GRANTED: September 14, 1995 GSBCA 12669 DETAMBLE ENTERPRISES, INC., Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Daniel J. Donohue of Kilcullen, Wilson & Kilcullen, Washington, DC, counsel for Appellant. Nora A. Huey, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent. Before Board Judges NEILL, VERGILIO, and GOODMAN. GOODMAN, Board Judge. This case involves a dispute between appellant, DeTamble Enterprises, Inc. (Detamble), and respondent, the General Services Administration (GSA), from the performance of a contract for the renovation and asbestos abatement of the 17th Floor of the Byron G. Rogers Federal Building in Denver, Colorado. On November 6, 1993, DeTamble filed an appeal of the contracting officer's decision denying its claim for additional costs incurred during the performance of its contract. DeTamble's appeal claims entitlement to $166,936.65, plus interest. On August 26-27, 1995, the Board conducted an alternative dispute resolution (ADR) proceeding. On August 27, 1995, at the conclusion of the ADR proceeding, the parties informed the Board that they had reached a settlement of the appeal. On September 12, 1995, the parties filed a settlement agreement and requested an entry of judgment in accordance with the agreement. The agreement provides, in pertinent part: GSA and DeTamble agree as follows: 1. GSA agrees to pay and DeTamble agrees to accept the lump sum of $49,645.10, inclusive of interest, costs, and attorneys fees in full and final settlement of all disputes arising under or related to GSBCA No. 12669. 2. GSA and DeTamble upon the joint execution of this Settlement Agreement agree to submit GSBCA No. 12669 to the GSBCA for decision in accordance with the terms of this Settlement Agreement. Both GSA and DeTamble will submit certificates of finality to the GSBCA with a request that the GSBCA certify the amount of $49,645.10 (inclusive of interest, costs, and attorney fees), which is set forth above in Paragraph No. 1, to the United States General Accounting Office for payment. 3. If payment of the settlement amount ($49,645.10) is made to DeTamble later than 30 calendar days from the effective date of this settlement agreement,[[foot #] 1] then DeTamble will also be entitled to interest on the settlement amount ($49,645.10) at the rates set by the Secretary of the Treasury [pursuant to Public Law 92-41 (85 Stat. 97) for the Renegotiation Board] beginning on the thirty- first (31st) day, until paid. Rule 36(e) permits the Board to adopt the parties' stipulation of settlement, by decision, provided the parties make the representations as contained in their certificates of finality. That rule further provides that such decisions are adjudications of the appeals on their merits. In accordance with Rule 36(e), the Board adopts by decision the parties' stipulation of settlement and enters judgment as requested. Decision Based upon the stipulation for entry of judgment, the appeal is GRANTED and judgment is entered for appellant in the amount of $49,645.10, inclusive of interest on that sum through October 12, 1995, costs, and attorney fees. If not paid by that date, appellant shall be entitled to interest pursuant to the parties' agreement. _____________________ ALLAN H. GOODMAN Board Judge ----------- FOOTNOTE BEGINS --------- [foot #] 1 The effective date of the settlement agreement is defined as the "latest date of execution by any signatory." Settlement Agreement 8. The date of the last signature is September 12, 1995. ----------- FOOTNOTE ENDS ----------- We concur: ______________________ _____________________ EDWIN B. NEILL JOSEPH A. VERGILIO Board Judge Board Judge