NOAH Enterprises, Inc.

ARMED SERVICES BOARD OF CONTRACT APPEALS
Appeal of - )
)
NOAH Enterprises, Inc. ) ASBCA No. 62708-ADR
)
Under Contract No. N40085-14-D-8154 )
Task Order No. 0005 )
APPEARANCE FOR THE APPELLANT: Diana McGraw, Esq.
Fox Rothschild LLP
Washington, DC
APPEARANCES FOR THE GOVERNMENT: Craig D. Jensen, Esq.
Navy Chief Trial Attorney
Michael W.S. Hayes, Esq.
Trial Attorney
OPINION BY ADMINISTRATIVE JUDGE WOODROW
The parties have resolved their dispute and request that the Board enter
judgment in favor of appellant.
It is the Board’s decision, pursuant to 41 U.S.C. §§ 7105(e), 7108(b), and the
parties’ stipulation and agreement, that the appeal is sustained. In the nature of a
consent judgment, the Board makes a monetary award to appellant in the amount of
$75,000. Appellant waives any claim for interest under the Contract Disputes Act
(CDA), 41 U.S.C. § 7109, except that if payment of the judgment is not made within
thirty (30) days of the date of submission of the Judgment Fund Forms to the
Department of the Treasury, interest shall be paid on the judgment amount pursuant to
41 U.S.C. § 7109 starting on the 31st day until date of payment.
Dated: October 18, 2021
KENNETH D. WOODROW
Administrative Judge
Armed Services Board
of Contract Appeals
(Signatures continued)
I concur I concur
RICHARD SHACKLEFORD J. REID PROUTY
Administrative Judge Administrative Judge
Acting Chairman Vice Chairman
Armed Services Board Armed Services Board
of Contract Appeals 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. 62708-ADR, Appeal of
NOAH Enterprises, Inc., rendered in conformance with the Board’s Charter.
Dated: October 19, 2021
PAULLA K. GATES-LEWIS
Recorder, Armed Services
Board of Contract Appeals
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