Board of Contract Appeals General Services Administration Washington, D.C. 20405 _______________________________ GRANTED IN PART: May 4, 1998 _______________________________ GSBCA 13501, 14272 W.M. SCHLOSSER COMPANY, INC., and INSURANCE COMPANY OF NORTH AMERICA, A CIGNA COMPANY, Appellants, v. GENERAL SERVICES ADMINISTRATION, Respondent. Stephen B. Shapiro and Craig A. Holman of Holland & Knight, Washington, DC; and Michael J. Cohen of W.M. Schlosser Company, Inc., Hyattsville, MD, counsel for Appellants. Kevin J. Rice, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent. Before Board Judges, PARKER, HYATT, and WILLIAMS. PARKER, Board Judge. The parties have settled this appeal concerning various claims in connection with a contract to renovate an office building in Richmond, Virginia. The Joint Motion for Entry of Final Consent Judgment, filed along with a Settlement Agreement, provides as follows: Pursuant to Board Rule 136(e), Appellants W.M. Schlosser Company, Inc. ("Schlosser") and the Insurance Company of North America, a CIGNA Company ("INA") and Respondent General Services Administration ("GSA") (collectively the "Parties"), by their undersigned counsel, hereby move the Board to enter final judgment in favor of Appellants Schlosser and INA converting the terminations for default of both Schlosser and INA under Contract No. GS-03P-93-DXC-0044 (the "Contract") to no cost terminations for convenience of the government and further requiring payment by GSA to Schlosser and INA in the amount of $4,350,000.00 for resolution of all outstanding disputes related to the Contract -- payment to be made directly to Schlosser (on behalf of both Appellants) from the Judgment Fund in accordance with 31 U.S.C. 1304 (1998) and 41 U.S.C. 612 (1998). The parties further move that the Board adopt the attached April 1998 Settlement Agreement Between W.M. Schlosser Company, Inc., The Insurance Company of North America, Inc., A CIGNA Company, And The General Services Administration (the "Settlement Agreement") as part of the final judgment. (Settlement Agreement, [a]ttached as Exhibit A). In support of this Motion, the Parties, by their undersigned signatures and in the accord with the Settlement Agreement, affirm that none of the Parties shall seek reconsideration of or relief from the final judgment or otherwise appeal the final judgment. The Parties will file properly executed Certificates of Finality with the Board upon entry of the final judgment. WHEREFORE, the Parties respectfully request that the Board grant this Joint Motion for Entry of Final Consent Judgment. Decision In accordance with the agreement of the parties, the appeal is GRANTED IN PART. The terminations for default of both Schlosser and INA under contract No. GS-03P-93-DXC-0044 are hereby converted to no cost terminations for the convenience of the Government. GSA shall pay to Schlosser (on behalf of both Schlosser and INA) the amount of $4,350,000.00 in settlement of all outstanding disputes related to the contract. Payment shall be made from the Judgment Fund, in accordance with 31 U.S.C. 1304 and 41 U.S.C. 612. The parties' Settlement Agreement is hereby incorporated by reference and adopted by the Board. _______________________________ ROBERT W. PARKER Board Judge We concur: _______________________________ _________________________ ______ CATHERINE B. HYATT MARY ELLEN COSTER WILLIAMS Board Judge Board Judge