July 9, 2004

Appeals of

OVERFLO PUBLIC WAREHOUSE, INC.

Under Contract No. 363199-97-B-0114

PSBCA Nos. 4531, 4550 and 4649

APPEARANCE FOR APPELLANT:

David P. Hendel, Esq.

APPEARANCE FOR RESPONDENT:

Mark E. Dennett, Esq.

OPINION OF THE BOARD ON JOINT MOTION FOR ENTRY OF JUDGMENT

            On December 18, 2003, the Board issued its Opinion regarding entitlement in these appeals, Overflo Public Warehouse, Inc., 04-1 BCA ¶ 32,488.  Appellant’s challenge to the termination of its contract was sustained (PSBCA No. 4531) and PSBCA Nos. 4550 and 4649 were sustained in part and denied in part.  Negotiation of the parties’ recovery in the last two appeals was remanded to the parties.  On January 15, 2004, the Board received Appellant’s Request for Supplementation, Clarification, and Reconsideration.

            On June 21, 2004, the parties filed a Joint Motion for Entry of Judgment which stated:

            “Appellant Overflo Public Warehouse, Inc. and Respondent United States Postal Service jointly move for entry of judgment in the above captioned action as follows:

            1.         On Overflo's claim for payments due under the contract, the Postal Service is to pay Overflo $190,000.

            2.         On Overflo's claim for economic price adjustment, the Postal Service is to pay Overflo $175,000.

            3.         On the Postal Service's claim for damages, Overflo is to pay the Postal Service $10,000.

            4.         The net result is a Postal Service payment to Appellant of $355,000.  This amount will be made payable to "Wickwire Gavin, P.C., Trustee for Overflo Public Warehouse, Inc.," and if made by check, will be sent to the following address:  Wickwire Gavin, P.C., 8100 Boone Boulevard, Suite 700, Vienna, Virginia  22182.

            5.         Payment is due on or before June 30, 2004.  If payment is received after June 30, 2004, interest at the applicable Contract Disputes Act rate will accrue on the principal amount of $355,000, commencing on July 1, 2004.

            6.         Except for Overflo's entitlement to attorney's fees and expenses, the Board's Judgment is to be final as to all issues pending before the Board.  Neither Overflo nor the Postal Service will seek reconsideration of, or relief from, the Board's decision.  Neither Party will appeal.

            7.         Overflo hereby withdraws its January 14, 2004 ‘Request for Supplementation, Clarification, and Reconsideration.’"

            The parties’ Joint Motion for Entry of Judgment is granted.  Respondent is to pay Appellant the sum of $355,000 plus Contract Disputes Act interest thereon from July 1, 2004, until paid.

            Appellant’s Request for Supplementation, Clarification, and Reconsideration is dismissed. 

Norman D. Menegat

Administrative Judge

Board Member

I concur:

James A. Cohen

Administrative Judge

Chairman

I concur:

David I. Brochstein

Administrative Judge

Vice Chairman