GRANTED: August 28, 1992 GSBCA 10396 HERITAGE REPORTING CORPORATION, Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Marc F. Efron and Stephanie B. N. Renzi of Crowell & Moring, Washington, DC, counsel for Appellant. John E. Cornell, Seth Binstock, and Edmund W. Chapman, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent. Before Board Judges LaBELLA, PARKER, and WILLIAMS. WILLIAMS, Board Judge. On November 15, 1989, Heritage Reporting Corporation (Heritage) filed an appeal with the Board claiming that GSA breached a Federal Supply Schedule contract for court reporting services by knowingly allowing mandatory user agencies to procure these services from sources outside the contract. On August 25, 1992, the parties filed a joint request that the Board issue a judgment for appellant in the amount of $7,254,525.60, and dismiss this appeal with prejudice, subject to reinstatement only if full payment is not made. The stipulation stated in part: 1. That, GSA and the Appellant agree to the dismissal of Docket No. 10396 with prejudice, subject to reinstatement only if the Board declines to adopt this stipulation by decision or if the payment described in 5, infra, is not made; and 2. The documents produced during discovery to Appellant prove that divers agencies violated the terms of the contract by ordering professional verbatim reporting and transcription services through contracts other than the federal supply schedule contracts; and 3. The extent of the breach of the contract [footnote omitted] is set forth in 5 below; and 4. Although GSA did not breach the contract by ordering transcripts through contracts other than the federal supply schedule contracts, GSA recognizes its supervisory responsibility for this contract and to facilitate settlement contributes to this settlement in the amount of $1,580,036, due to the delay in publishing and distributing the catalog for this schedule contract. 5. The government shall agree to pay from the Permanent Indefinite Judgment Fund to the Appellant's assignee a total of $7,254,525.60. This total amount shall be paid without interest, provided however, that Respondent finalize[s] this offer of award and the General Services Board of Contract Appeals enter[s] judgment based upon this Offer of Award within ten calendar days from the date this document is executed by Appellant. If these two conditions are not met, then interest as provided by the Contract Disputes Act shall begin to accrue using the eleventh day after execution as the date interest begins rather than the date of claim. To the extent that the various agencies listed below were responsible for causing the breach of this contract, they shall be deemed to be an agency whose appropriations were used for the contract as set forth in 41 U.S.C. 612(c). The allocation of this amount is set forth as follows: a. The Department of the Treasury, Procurement Services Division . . . $1,365.49 . . . . b. The Department of the Treasury, Financial Management Service . . . $1,759.96 . . . . c. The Department of the Treasury, Federal Law Enforcement Training Center . . . $1,170.42 . . . . d. The Department of the Treasury, Internal Revenue Service . . . $38,214.09 . . . . e. The Department of the Treasury, US Customs Service . . . $4,397.73 . . . . f. The Department of the Treasury, US Secret Service . . . $3,582.77 . . . . g. The Department of the Treasury, Bureau of Alcohol, Tobacco & Firearms . . . $1,146.57 . . . . h. The Department of the Treasury, Bureau of Engraving and Printing . . . $4,035.77 . . . . i. The Department of the Treasury, Director of the Mint . . . $546.19 . . . . j. The Department of the Treasury, Bureau of the Public Debt . . . $604.72 . . . . k. The Department of the Treasury, Comptroller of the Currency . . . $11,097.28 . . . . l. The Nuclear Regulatory Commission . . . $13,583.33 . . . . m. The U.S. International Trade Commission . . . $76,051.05 . . . . n. The U.S. Commission on Civil Rights . . . $7,120.03 . . . o. The U.S. Information Agency . . . $1,985.37 . . . . p. The Department of Housing and Urban Development . . . $20,969.96 . . . . q. The State Department . . . $14,901.13 . . . . r. The Executive Office of the President . . . $8,756.45 . . . . s. The National Archives Record Administration . . . $518.02 . . . . t. The National Foundation for the Arts & Humanities . . . $6,859.94 . . . . u. The National Mediation Board . . . $10,509.90 . . . . v. The Pennsylvania Avenue Development Corporation . . . $1,452.18 . . . . w. The Pension Benefit Guarantee Corporation . . . $14,289.92 . . . . x. The Securities and Exchange Commission . . . $910,230.59 . . . . y. The Tennessee Valley Authority . . . $23,050.70 . . . . z. The Small Business Administration, including its ten regional offices . . . $1,322.14 . . . . aa. The Environmental Protection Agency . . . $45,893.32 . . . . ab. The Interstate Commerce Commission . . . $3,214.31 . . . . ac. The Federal Communications Commission . . . $92,081.42 . . . . ad. The Department of Transportation . . . $17,627.77 . . . . ae. The Department of Transportation, National Highway Traffic & Safety Administration . . . $1,109.73 . . . . af. The Department of Transportation, United States Coast Guard . . . $41,935.58 . . . . ag. The Department of Transportation, Federal Highway Administration . . . $3,890.55 . . . . ah. The Department of Veterans Affairs . . . $137,248.65 . . . . ai. The Occupational Safety and Health Review Commission . . . $60,900.66 . . . . aj. The Office of Personnel Management . . . $377.13 . . . ak. The Office of Special Counsel . . . $14,489.32 . . . . al. The Administrative Conference of the United States . . . $2,759.15 . . . . am. The Administrative Conference on Intergovernmental Relations . . . $489.84 . . . . an. The Federal Emergency Management Agency . . . $1,170.42 . . . . ao. The Federal Maritime Commission . . . $10,438.38 . . . ap. The Department of Labor . . . $268,153.21 . . . . aq. The National Capital Planning Commission . . . $5,086.98 . . . . ar. The National Credit Union Administration . . . $203.74 . . . . as. The National Transportation Safety Board . . . $163,693.56 . . . . at. The Department of Energy . . . $35,617.50 . . . . au. The Federal Energy Regulatory Commission . . . $285,360.50 . . . . av. The Department of Health and Human Services . . . $120,284.12 . . . . aw. The Department of Interior, Bureau of Reclamation and OAS . . . $14,465.48 . . . . ax. The Department of Interior, Bureau of Indian Affairs . . . $6,649.70 . . . . ay. The Department of Interior, Bureau of Land Management . . . $5,912.77 . . . . az. The Department of Interior, Office of Surface Mining . . . $346.79 . . . . ba. The Department of Interior, Bureau of Mines . . . $346.79 . . . . bb. The Department of Interior, Minerals Management Service . . . $20,363.08 . . . . bc. The Department of Interior, Fish and Wildlife Service . . . $2,767.82 . . . . bd. The Department of Interior, Geological Survey Office . . . $457.33 . . . . be. The Department of Interior, National Park Service . . . $11,793.03 . . . . bf. The Department of Justice . . . $2,681,287.95 . . . . bg. The International Development Cooperation Agency . . . $4,451.92 . . . . bh. The Merit Systems Protection Board . . . $37,696.07 . . . . bi. NASA . . . $14,415.63 . . . . bj. The Federal Mine Safety & Health Review Commission . . . $12,831.23 . . . . bk. The Federal Reserve . . . $12,540.79 . . . . bl. The Federal Retirement Thrift Investment Board . . . $3,838.53 . . . . bm. The Federal Trade Commission . . . $141,572.69 . . . . bn. The Commodity Future Trading Commission . . . $80,229.87 . . . . bo. The Consumer Product Safety Commission . . . $216.74 . . . . bp. The U.S. Department of Agriculture . . . $12,389.07 . . . . bq. The U.S. Department of Commerce . . . $45,431.66 . . . . br. The U.S. Department of Education . . . $21,548.66 . . . . bs. The Federal Aviation Administration . . . $51,387.78 . . . . . . . . 6. GSA waives the Anti-Assignment Act and will make payment in accordance with the attached Assignment . . . and will not object to said assignment; and 7. GSA and Appellant agree that this stipulation of settlement shall act as an accord and satisfaction of all claims related to Contract No. GS-OOF-03033, and mutually release each other from all liability that has arisen or may arise with respect to any aspect of said contract. This release, however, does not preclude the GSBCA from receiving or granting any motion filed by non-parties to this action for costs of compliance with the Board's subpoenas. 8. Nothing expressed or implied herein, with the exception of the Assignment contained in Attachment B is intended or shall be construed to confer upon or give any person, firm, corporation, or other entity, other than the parties herein, any right, remedy, or claim against any party hereto under or by reason of this Stipulation of Settlement or of any terms, covenants, promises, or agreements contained herein, which shall be for the sole exclusive benefit of the parties hereto, their successors and assigns; and 9. Both parties have had adequate time to reflect upon, consider, and consult with legal counsel concerning the terms of this Stipulation of Settlement, and that the parties have executed this Stipulation of Settlement voluntarily and free from improper influence or duress; and 10. In construing this Stipulation of Settlement, no inference premised upon the origin or source of any language used herein shall be drawn; and 11. This Stipulation of Settlement shall be binding upon the parties, and their successors and assigns; and 12. The parties signing this document certify that they have the authority to enter into this stipulation; and 13. The parties to this offer of award will not seek reconsideration of, or relief from, the Board's decision; and 14. The parties to this offer will not appeal the Board's decision. 15. The Board has previously ruled that the allocation of settlement liability set forth in 5(a)-(bs) supra is a nonjusticiable, intragovernmental matter; the parties to this offer agree that the Board may enter a judgment based upon this offer of award without adopting the allocation of settlement liability set forth in 5(a)-(bs), supra. Decision Pursuant to the stipulation of the parties, this appeal is GRANTED. Rule 36(e). Judgment is entered for appellant in the amount of $7,254,525.60 to be paid, in accordance with the parties' stipulation, without interest, from the permanent indefinite judgment fund, 31 U.S.C. 1304 (1988). 40 U.S.C. 759(f)(5)(C) (1988). The Board does not adopt the allocation of settlement liability set forth in paragraph 5 of the joint stipulation. ____________________________ MARY ELLEN COSTER WILLIAMS Board Judge We concur: ____________________________ ____________________________ VINCENT A. LaBELLA ROBERT W. PARKER Board Judge Board Judge