Dellew Corporation ( 2016 )

ARMED SERVICES BOARD OF CONTRACT APPEALS
Appeal of -- )
)
Dellew Corporation ) ASBCA No. 58538)
Under Contract No. FA52 l 5-08-C-0008 )
APPEARANCES FOR THE APPELLANT: Jonathan A. DeMella, Esq.
Kate H. Kennedy, Esq.
Davis Wright Tremaine LLP
Seattle, WA
James F. Nagle, Esq.
Oles Morrison Rinker & Baker LLP
Seattle, WA
APPEARANCES FOR THE GOVERNMENT: Col Matthew J. Mulbarger, USAF
Air Force Chief Trial Attorney
Michelle D. Coleman, Esq.
Heather M. Mandelkehr, Esq.
Christine C. Piper, Esq.
Trial Attorneys
SUMMARY BINDING DECISION BY ADMINISTRATIVE JUDGE PAGE
By ADR agreement approved by the Board on 9 December 2015, the parties
requested that this appeal be decided by a "one-judge summary decision based on the
position papers and appeal record." This summary decision will address both
entitlement and quantum, and "will be final and binding on the parties," who have
agreed "to waive further appeals in this matter." (ADR Agreement at 1-2) This
decision has no value as precedent, cannot be cited in any other proceeding and cannot
be appealed.
DECISION
The appeal is sustained to the following extent. Dellew may recover a total of
$188,920.58, which is comprised ofthe following amounts: (1) $4,307.70 in
severance pay to Denise Romero; (2) $165,048.15 in post-termination indirect costs
that would have been absorbed by the PACAF contract had it not been terminated for
the government's convenience; and (3) $19,564.73 in termination settlement proposal
costs, which includes $14, 142.3 8 in attorney and consultant fees. Dellew is also
entitled to CDA interest on the total amount recovered in accordance with 41 U.S.C.
§ 7109 from 10 September 2012, the putative date of receipt of the claim, until paid.
In all other respects, the appeal is denied.
Dated: 4 April 2016
Administrative Judge
Armed Services Board
of Contract Appeals
I certify that the foregoing is a true copy of the Opinion and Decision of the
Armed Services Board of Contract Appeals in ASBCA No. 58538, Appeal ofDellew
Corporation, rendered in conformance with the Board's Charter.
Dated:
JEFFREY D. GARDIN
Recorder, Armed Services
Board of Contract Appeals
2