Arctic Swan Construction Inc.
CourtArmed Services Board of Contract Appeals
Date FiledSeptember 22, 2026
Docket64085
JudgeWoodrow
StatusPublished
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Full Opinion
ARMED SERVICES BOARD OF CONTRACT APPEALS
Appeal of - )
)
Arctic Swan Construction Inc. ) ASBCA No. 64085
)
Under Contract No. FA5004-22-C-0002 )
APPEARANCE FOR THE APPELLANT: Mr. Edmund Charles Palmer
President
APPEARANCE FOR THE GOVERNMENT: Caryl A. Potter, III, Esq.
Air Force Deputy Chief Trial Attorney
OPINION BY ADMINISTRATIVE JUDGE WOODROW
ON APPELLANT’S MOTION FOR RECONSIDERATION
Arctic Swan Construction Inc. (Arctic Swan or appellant) timely moves for
reconsideration of our June 16, 2026 decision granting the government’s motion for
summary judgment and denying the appeal in ASBCA No. 64085. Arctic Swan
Construction Inc., ASBCA Nos. 63510, 64085, 26-1 BCA ¶ 39,079. The government has
stated that it will not file a response. For the reasons below, we deny the motion.
DISCUSSION
A motion for reconsideration is not an opportunity to relitigate matters that have
already been decided or to offer arguments that could have been raised earlier.
To prevail, the moving party must show newly discovered evidence, a mistake in the
Board’s findings of fact, or an error of law that provides a compelling reason to modify
the decision. Zulco Int’l, Inc., ASBCA No. 55441, 08-1 BCA ¶ 33,799 at 167,319;
U.S. Coating Specialties & Supplies, LLC, ASBCA No. 58245, 21-1 BCA ¶ 37,926
at 184,190; LKJ Crabbe Inc., ASBCA No. 60331, 19-1 BCA ¶ 37,250 at 181,308.
Arctic Swan does not identify newly discovered evidence. Nor does it identify a
factual finding that was mistaken or a legal error in our June 16, 2026, decision.
Instead, Arctic Swan renews its prior arguments that the government required use of a
pre-populated and locked pricing workbook; that the workbook did not include a separate
line item for certified installation labor; that the estimated quantities could be confirmed
only through performance; and that post-award communications and actual performance
showed that a hearing was required (app. mot. at 3-4). Arctic Swan made substantially
the same arguments in opposing the government’s motion for summary judgment (app.
opp. at 3-4). We considered those arguments in our decision. A motion for
reconsideration is not a vehicle for another opportunity to advance them.
Arctic Swan’s asserted facts do not establish a genuine dispute of material fact.
The relevant contract documents, including the Performance Work Statement and bid
schedule, were before the Board and their contents were undisputed. The disagreement
concerned the legal effect of those documents; specifically, whether the unit prices for
washers and dryers included the required installation, connection, and disconnection
work. Contract interpretation is a question of law and may be resolved on summary
judgment when the relevant contract language and material facts are undisputed.
Varilease Tech. Grp., Inc. v. United States, 289 F.3d 795, 798 (Fed. Cir. 2002) (contract
interpretation is amenable to summary judgment).
The pricing workbook required appellant to provide a single unit price for each
washer and dryer. Arctic Swan, 26-1 BCA ¶ 39,079 at 190,422. The absence of separate
lines for labor, certification, connection, or disconnection did not prevent appellant from
including those individual cost components in its unit price. Nor do the estimated
quantities change the question resolved in our decision: whether the unit prices were
required to include the costs of work expressly required by the Performance Work
Statement. They were. Id. at 190,424.
Arctic Swan also again relies upon its post-award communications and the parties’
course of performance (app. mot. at 4-5). Those matters do not establish that the contract
was ambiguous or create a material factual dispute requiring a hearing. As we held in our
prior decision, the contract language, read as a whole, required the installation-related
work at issue. Arctic Swan, 26-1 BCA ¶ 39,079 at 190,424. Alternatively, to the extent
Arctic Swan believed the bid schedule created uncertainty about how to price that
expressly required work, that uncertainty was apparent before bidding. Id. Arctic Swan
does not contend that it sought clarification before submitting its bid.
Finally, Arctic Swan contends that the Board should have restored the appeal
to the hearing docket before granting summary judgment (app. mot. at 5). A hearing
is not required when no genuine dispute of material fact exists, and the appeal can be
resolved as a matter of law. D.L. Auld Co. v. Chroma Graphics Corp., 714 F.2d 1144,
1152 (Fed. Cir. 1983) (holding that the absence of a pre-judgment hearing did not warrant
remand for an unnecessary trial where summary judgment was proper); Varilease,
289 F.3d at 798. Arctic Swan has not identified a specific factual dispute that, if resolved
in its favor, would alter the basis for our prior decision. Its disagreement with the
Board’s interpretation of the contract does not itself create a factual dispute requiring
witness testimony or an evidentiary hearing.
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CONCLUSION
Arctic Swan has not shown newly discovered evidence, a mistake in fact, or an
error of law warranting reconsideration. Therefore, we deny Arctic Swan’s motion for
reconsideration of the decision in ASBCA No. 64085.
Dated: September 22, 2026
KENNETH D. WOODROW
Administrative Judge
Armed Services Board
of Contract Appeals
I concur I concur
J. REID PROUTY DAVID D’ALESSANDRIS
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. 64085, Appeal of Arctic
Swan Construction Inc., rendered in conformance with the Board’s Charter.
Dated: September 22, 2026
PAULLA K. GATES-LEWIS
Recorder, Armed Services
Board of Contract Appeals
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