Board of Contract Appeals
                 General Services Administration
                      Washington, D.C. 20405


              ______________________________________

               GRANTED IN PART: December 10, 2002 
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                           GSBCA 15472


                         RAY WILSON CO.,

                                        Appellant,

                                v.

                 GENERAL SERVICES ADMINISTRATION,

                                        Respondent.

     John B. Clark and Timothy L. Pierce of Thelen Reid & Priest, LLP, Los Angeles, CA, 
counsel for Appellant.

     Dalton F. Phillips and Robert C. Smith, Office of General Counsel, General Services
Administration, Washington, DC, counsel for Respondent.

Before Board Judges BORWICK, DeGRAFF, and GOODMAN.

GOODMAN, Board Judge.
                                 
     Appellant, Ray Wilson Co. (Wilson), filed its appeal with the Board on December 26,
2000.  Wilson sought an equitable adjustment for costs incurred in connection with a contract 
with the General Services Administration (GSA) for the construction of the Ronald Reagan
Federal Building and United States Courthouse in Santa Ana, California.  The appeal was
set for hearing on July 16, 2002. Prior to this date the parties entered into an agreement to
submit the dispute to mediation.  The mediation was conducted by a private mediator.  On
November 14, 2002, the parties filed a proposed settlement agreement contingent upon the
approval of GSA's General Counsel.  The agreement read, in part:

     Appellant Ray Wilson Co. and Respondent General Services Administration
     hereby enter into this agreement to memorialize the agreement reached by the
     parties at a medication conducted on August 13-15, 2002.  The parties intend
     to enter into a more formal settlement document, but in the event such a
     writing is not completed in the future, the parties intend for this agreement to
     be binding and admissible to enforce the terms herein.

     1.  The parties shall stipulate to a judgment to resolve the appeal of Ray
     Wilson in GSBCA No. 15472 in the amount of $18,000,000.  The judgment
     shall be inclusive of interest and each party shall bear its own costs and
     attorney's fees.
     
     2.  The agreement and the judgment to be entered in paragraph 1 is subject to
     the approval of the GSA General Counsel. . . .

     3.  The judgment shall be entered within 10 days of the General Counsel's
     approval and paid within 90 days from the date of this agreement.  If payment
     is made more that 90 days from the date of this agreement, the amount payable
     shall include interest beginning with the 121st day at the contract rate.  In
     exchange for payment of the judgment under paragraph 1, Ray Wilson agrees
     to release all claims against the GSA pertaining to its work for the GSA on the
     Ronald Reagan Federal Building and United States Courthouse in Santa Ana,
     California (the "Project").  GSA agrees to release Ray Wilson and all its
     subcontractors pertaining to the project, except that Ray Wilson and its
     subcontractors shall honor all outstanding warranties and shall remain
     responsible for latent defects in their work at the Project.

     On December 6, 2002, the parties filed a motion for stipulated judgment, requesting
the Board adopt its filing of November 14, 2002, as the official agreement in these
proceedings.

                             Decision

     Rule 136(e) provides that the Board may adopt the parties' stipulation, by decision,
and that such decision is an adjudication of the appeal on its merits.  E.g., Flintco, Inc. v.
General Services Administration, GSBCA 13618, 97-1 BCA   28,738 (1996).  Pursuant to
the agreement of the parties and Rule 136 (e), the Board adopts the parties' stipulation for
entry of judgment and enters judgment as requested.  This appeal is GRANTED IN PART, 

 

to be paid from the permanent indefinite judgment fund, 31 U.S.C.   1304 (2000), in the
amount of $18,000,000, with interest to be paid pursuant to the parties' settlement agreement.



       
                                   ___________________________
                                   ALLAN H. GOODMAN
                                   Board Judge

We concur:




_____________________________      ____________________________
ANTHONY S. BORWICK            MARTHA H. DeGRAFF
                                        Board Judge                             Board Judge