_______________________________________________ GRANTED: December 2, 1996 _______________________________________________ GSBCA 13591 FALCON ASSOCIATES, INC., Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Joseph A. McManus, Jr. and Christopher Kane of Lyon and McManus, Washington, counsel for Appellant. Kevin S. Anderson, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent. Before Board Judges BORWICK, WILLIAMS, DeGRAFF BORWICK, Board Judge. On May 8, 1996, Falcon Associates, Inc. (Falcon) filed an appeal from the contracting officer's decision dated February 12, 1996, in connection with a dispute under contract no. GS05P91GBC0108,IMN89001. The contract was for construction for courts expansion/reorganization and life safety improvements at the Warren E. Burger Federal Building in St. Paul, Minnesota. Pursuant to Rule 136(e), on November 19, 1996, the parties filed an agreement for stipulated award, together with certificates of finality, with the Board. The agreement provides in pertinent part: 1. GSA agrees to pay and Falcon agrees to accept the lump sum of $500,000, inclusive of interest, costs, and attorney fees, in full and final settlement of all disputes arising under or related to GSBCA 13591 and further in full and final payment under the contract. 2. If payment of the settlement amount ($500,000) is made to Falcon later than sixty (60) calendar days from the effective date of this Settlement Agreement, then Falcon will also be entitled to interest on the settlement amount ($500,000) 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 sixty-first (61) day, until paid. 3. GSA and Falcon upon the joint execution of this Settlement Agreement agree to submit GSBCA No. 13591 to the GSBCA for decision in accordance with the terms of this Settlement Agreement. Both GSA and Falcon will submit certificates of finality to the GSBCA with a request that the GSBCA certify the amount of $500,000 (inclusive of interest, costs, and attorney fees), which is set forth above in Paragraph No. 1, to the United States Department of the Treasury for payment. 4. Falcon forever and unconditionally discharges, remises, and releases GSA, its agents, servants, employees, officials, successors, and assigns from all liability for the disputes described in Falcon's claim of November 22, 1994, as amended on December 15, 1994 and September 9, 1996, related to, described in, and/or docketed as GSBCA No. 13591 and further from all known and/or unknown liabilities, obligations, demands, actions, suits, debts, charges, causes of action, requests for money and/or payment under the contract, outstanding invoices, and claims whatsoever directly or indirectly arising under or related to the contract, including without limitation any fees under the Equal Access to Justice Act, 5 U.S.C.  504, claims for costs, and interest under the Contract Disputes Act of 1978, 41 U.S.C.  601 et seq. 5. This settlement agreement is inclusive of, and in full satisfaction of, all interest, attorney fees, and/or any costs incurred by Falcon, its agents, servants, employees, officials, successors, and assigns for the dispute and/or claims docketed as GSBCA 13591. 6. As between the parties to this settlement agreement, as between either party hereto and any other person, firm, corporation, or other entity, nothing contained in this settlement agreement shall be construed as an admission of liability or fact or default or as an admission against interest by either party hereto. 7. The parties to this settlement agreement have had adequate time to reflect upon, consider and consult with legal counsel concerning the terms of this settlement agreement and have executed this settlement agreement voluntarily and free from improper influence or duress. 8. The parties hereto agree that, in construing this settlement agreement, no inference premised upon the origin of any language used herein shall be drawn. 9. This settlement agreement shall be binding upon the parties, their successors, and assigns. 10. The effective date of this settlement agreement shall be the latest date of execution by any signatory hereof. Decision Pursuant to Rule 136(e), the Board adopts the parties's stipulation by decision. The appeal is GRANTED. Appellant is awarded $500,000 inclusive of interest, which shall be paid in accordance with 41 U.S.C.  612 (1994), with each party to bear its own costs. _______________________________ ANTHONY S. BORWICK Board Judge We concur: __________________________ _______________________________ MARY ELLEN COSTER WILLIAMS MARTHA H. DeGRAFF Board Judge Board Judge