____________________________________________ GRANTED IN PART: August 10, 1995 ______________________________________________ GSBCA 12674, 13200 VAN HAREN ELECTRIC, INC., Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Joseph A. Camardo, Jr., and Catherine G. Gadway, Auburn, NY, counsel for Appellant. Nora A. Huey, Sharon A. Roach, and Sharon Chen, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent. Before Board Judges PARKER, HYATT, and GOODMAN. PARKER, Board Judge. The parties to these appeals have filed a settlement agreement which provides as follows: WHEREAS, on September 30, 1991, the GSA awarded Contract No. GS-05P-91-GBC-0122 (hereafter "contract") to Van Haren to provide fire safety improvements for the G.R. Ford Federal Building and Courthouse in Grand Rapids, Michigan; WHEREAS, certain disputes relating to the installation of the fire safety improvements have arisen between GSA and Van Haren which costs in large part concern alleged additional costs due to unabsorbed overhead (extended burden), field and home office overhead, loss of labor efficiency, additional material costs, change order preparation, consultant work, attorney's fees, profit, and interest; WHEREAS, by letter dated June 29, 1993, Van Haren submitted certain disputes to the GSA contracting officer as a claim in the amount of $90,919.21, plus interest, for unabsorbed overhead, field and home office overhead, loss of labor efficiency, additional material costs, and profit; WHEREAS, by Notice of Appeal dated November 9, 1993, Van Haren appealed the deemed denial of Van Haren's claim submitted to the contracting office on June 29, 1993, to the GSA Board of Contract Appeals (hereafter "GSBCA"), where it was docketed as GSBCA No. 12674; WHEREAS, by letter dated November 30, 1994, Van Haren submitted certain other disputes to the GSA contracting officer as a claim in the amount of $104,059.70, for unabsorbed overhead, loss of labor efficiency, additional material costs, change order preparation, consultant work, amount outstanding on original contract amount, attorney's fees, profit, and interest; WHEREAS, the contracting officer issued his final decision on January 28, 1995, denying the claim submitted by letter dated November 30, 1994; WHEREAS, by Notice of Appeal dated February 21, 1995, Van Haren appealed the contracting officer's final decision of January 28, 1995, to the GSBCA, where it was docketed as GSBCA No. 13200; WHEREAS, the GSBCA, by Order Of Consolidation; Order On Further Proceedings, dated February 24, 1995, consolidated GSBCA Nos. 12674 and 13200; and WHEREAS, GSA and Van Haren wish amicably to resolve and settle GSBCA Nos. 12674 and 13200, and any and all known and/or unknown liabilities, obligations, demands, actions, suits, debts, charges, causes of action, requests for money and/or payment under the contract, outstanding invoices, and claims whatsoever arising under or related to the contract; NOW THEREFORE, in consideration of the foregoing and of the mutual understanding set forth below, GSA and Van Haren agree as follows: 1. GSA agrees to pay and Van Haren agrees to accept the lump sum of $25,000.00, inclusive of interest, costs, and attorney fees, in full and final settlement of all disputes arising under or related to the contract, and further in full and final payment under the contract. 2. GSA and Van Haren upon the joint execution of this Settlement Agreement agree to submit GSBCA Nos. 12674 and 13200 to the GSBCA for decision in accordance with the terms of this Settlement Agreement. Both GSA and Van Haren will submit certificates of finality to the GSBCA with a request that the GSBCA certify the amount of $25,000.00 (inclusive of interest, costs, and attorney fees), which is set forth above in Paragraph No. 1, to the United States General Accounting Office for payment. 3. Van Haren forever and unconditionally discharges, remises, and releases GSA, its agents, servants, employees, officials, successors, and assigns from all liability for the disputes described in Van Haren's claims of June 29, 1993 and November 30, 1994, related to, described, and/or docketed as GSBCA Nos. 12674 and 13200 and further from any and all known and/or unknown liabilities, obligations, demands, actions, suits, debts, charges, causes of action, requests for money and/or payment under the contract, outstanding invoices, and claims whatsoever arising under or related to the contract, including without limitation any fees under the Equal Access to Justice Act, 5 U.S.C. Section 504, claims for costs, and interest under the Contract Disputes Act of 1978, 41 U.S.C. 601 et seq. 4. GSA releases Van Haren of and from any and all claims, demands for relief, remedies or Equitable Adjustment, known and unknown, of any nature or description whatsoever, legal or equitable, in Van Haren's claims dated June 29, 1993, and November 30, 1994, and which arise under, are described in, and/or docketed as GSBCA Nos. 12674 and 13200. 5. As between the parties to this Settlement Agreement, and as between either party hereto and any other person, firm, corporation, or other entity, nothing contained in this Settlement Agreement shall be construed as an admission of liability or fact or default or as an admission against interest by either party hereto. 6. The parties to this Settlement Agreement have had adequate time to reflect upon, consider and consult with legal counsel concerning the terms of this Settlement Agreement and have executed this Settlement Agreement voluntarily and free from improper influence or duress. 7. The parties hereto agree that, in construing this Settlement Agreement, no inference premised upon the origin of any language used herein shall be drawn. 8. This Settlement Agreement shall be binding upon the parties, their successors, and assigns. 9. The effective date of this Settlement Agreement shall be the latest date of execution by any signatory hereof. Decision In accordance with the agreement of the parties, the appeals are GRANTED IN PART. Appellant is awarded the sum of $25,000, inclusive of interest. The Board is in receipt of the parties' certificates of finality and will forward them to the General Accounting Office for payment of the judgment. ____________________________ ROBERT W. PARKER Board Judge We concur: ___________________________ ____________________________ CATHERINE B. HYATT ALLAN H. GOODMAN Board Judge Board Judge