GRANTED IN PART: December 6,
2007
CBCA 188-ISDA, 283-ISDA, 284-ISDA,
285-ISDA
286-ISDA, 287-ISDA,
288-ISDA
YUKON-KUSKOKWIM HEALTH CORPORATION, INC.
Appellant,
v.
DEPARTMENT OF HEALTH AND HUMAN SERVICES,
Respondent.
Lloyd Benton Miller of Sonosky
Chambers Sachse Miller & Munson, LLP, Anchorage, AK, counsel for Appellant.
Jamie B. Insley, Office of the
General Counsel, Department of Health and Human Services, Baltimore, MD,
counsel for Respondent.
Before Board Judges BORWICK, GOODMAN and
STEEL.
STEEL, Board
Judge.
Appellant, Yukon Kuskokwim
Health Corporation, Inc., was awarded a succession of contracts, compacts, and
funding agreements under the Indian Self-Determination and Education Assistance
Act, 25 U.S.C. '' 450-458aaa-18, to administer various programs,
services, functions and activities of the Respondent, the Indian Health Service
(IHS), of the Department of Health and Human Services, in fiscal years 1992
through 2004. On May 23, 1996, the
Appellant presented the first of five claims for additional costs claimed to be
due under the contracts, compacts, and funding agreements. Respondent=s
contracting officer
CBCA 188-ISDA, 283-ISDA, 284-ISDA, 2
285-ISDA 286-ISDA, 287-ISDA, 288-ISDA
did not act on the presented claims. On August 8, 2006, Appellant deemed the
claims to have been denied and filed appeals.[1]
On December 7, 2007, the
parties filed a joint request for entry of judgment and dismissal of the
appeal, which stated:
The parties jointly stipulate
that Judgment shall be entered in favor of Apellant, Yukon Kuskokwim Health
Corporation, Inc. in the amount of $25,000,000.00 plus interest under the Contract
Disputes Act, 41U.S.C. '' 601-612, from May 23, 1996, to the date of payment.
Pursuant to Rule 31 of the
Board=s Interim Rules of Procedure, the parties further
certify that they shall not seek reconsideration of, or relief from, the Board's decision, and they
will not appeal the decision. With
respect to the decision of the Board issued pursuant to this stipulation, the
parties waive their rights to reconsideration under Rule 26, rights to relief
from judgment under Rule 27, and rights to appeal the decision.
Accordingly, the appeal is GRANTED
IN PART. In accordance with the
parties= joint stipulation, the Board awards the sum of
$25,000,000, plus interest from May 23, 1996, to the date of payment in
accordance with the Contract Disputes Act, to be paid from the permanent
indefinite judgment fund, 31 U.S.C. ' 1304
(2000).
___________________________________
CANDIDA STEEL
Board Judge
CBCA 188-ISDA, 283-ISDA, 284-ISDA, 3
285-ISDA 286-ISDA, 287-ISDA, 288-ISDA
We concur:
_______________________________ _________________________________
ANTHONY S. BORWICK ALLAN
H. GOODMAN
Board Judge Board
Judge
[1]These cases were docketed at the Interior Board of
Contract Appeals (IBCA) as IBCA 4785-4791/2006.
On January 6, 2007, pursuant to ' 847 of
the National Defense Authorization Act for Fiscal Year 2006, Pub. L. No.
109-163, the IBCA was terminated and its cases, personnel, and other resources
were transferred to the newly-established Civilian Board of Contract Appeals
(CBCA). This case was docketed by the
CBCA as CBCA 188-ISDA and 283-ISDA through 288-ISDA.