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



                                                          

                     GRANTED: August 25, 2003
                                                          


                           GSBCA 16003


                    FORTRESS GSA E STREET LLC,

                                             Appellant,

                                v.

                 GENERAL SERVICES ADMINISTRATION,

                                             Respondent.

     Gary K. Bahena of Buchanan Ingersoll, P.C., Washington, DC, counsel for Appellant.

     Gerald L. Schrader, Office of General Counsel, General Services Administration,
Washington, DC, counsel for Respondent.

Before Board Judges DANIELS (Chairman), NEILL, and HYATT.

DANIELS, Board Judge.

     This case involves a dispute which arose under a lease of space in a building in
Washington, D.C., to the General Services Administration (GSA).  The lessor is Fortress
GSA E Street LLC.  

     The lease required the lessor to perform certain interior construction within the
premises.  In August 1998, a GSA contracting officer issued to the lessor a "Firm-Fixed-Price
AWARD" in the amount of $49,389.55 for providing design services in connection with
interior construction.  In May 2000, a different GSA contracting officer rescinded this award. 
The lessor claims that it has incurred the cost specified in the award and that it is entitled to
reimbursement.

     Shortly before a hearing scheduled in the case, the parties filed a joint stipulation
through which they seek an entry of judgment.  The stipulation is as follows:

     In full settlement of the claims contained in Docket No. 16003 GSA will pay
     to Fortress GSA E Street LLC the sum of Forty-Nine Thousand Three
     Hundred Eighty-Nine Dollars and Fifty-Five Cents ($49,389.55) plus interest
     thereon at the rates set by the Secretary of the Treasury (pursuant to Public
     Law 94-41[] (85 Stat. 97) for the Renegotiation Board) from May 8, 2000 until
     paid.

     The matter is taken as adjudicated on the merits with respect to all awards for
     tenant alterations and other related work (including, but not limited to,
     architectural, engineering and other consultant fees and costs) issued to or for
     Appellant prior to the date hereof and the Government shall not hereafter seek
     to revoke and/or rescind any such awards and/or Awards.  The foregoing,
     however, shall not preclude the Government, subject to applicable law, from
     asserting a later claim to the effect that the Lease required design work for the
     improvements, alterations and repairs defined by the lease (Including the
     Warm-Lit Shell requirements and tenant improvement allowance) and seeking 
     a credit for design work not actually furnished by the Appellant.

We incorporate the stipulation into this decision.

     The parties have additionally stated that they will file certificates of finality as to a
Board decision incorporating the stipulation; and that they will not seek reconsideration of
or relief from, or appeal, such a decision.

                             Decision

     The appeal is GRANTED.  GSA shall pay to Fortress GSA E Street LLC the sum of
$49,389.55, plus interest on that amount at the rates set by the Secretary of the Treasury from
May 8, 2000, until the amount is paid.  Rule 136(e) (48 CFR 6101.36(e) (2002)).





                                   _________________________ 
                                   STEPHEN M. DANIELS
                                   Board Judge

We concur:





_________________________               _________________________
EDWIN B. NEILL                     CATHERINE B. HYATT
Board Judge                             Board Judge