Full Opinion

DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below is subject to an ASBCA Protective Order. This version has been approved for public release. ARMED SERVICES BOARD OF CONTRACT APPEALS Appeals of - ) ) Bahadir Construction Engineering ) ASBCA Nos. 64038, 64336, 64428 Contracting & Trading Inc. Co. and ) Impreza Costruzioni Giuseppe Maltauro ) S.p. A Joint Venture ) ) Under Contract No. W912ER-20-C-0010 ) APPEARANCES FOR THE APPELLANT: Stephen J. McBrady, Esq. Skye Mathieson, Esq. Charles Baek, Esq. Zariah T. Altman, Esq. Taylor McDaniels, Esq. Crowell & Moring, LLP Washington, DC APPEARANCES FOR THE GOVERNMENT: Michael P. Goodman, Esq. Engineer Chief Trial Attorney Katherine M. Smith, Esq. CPT Dilwyn J. Piner, JA Engineer Trial Attorneys U.S. Army Engineer District, Middle East Winchester, VA OPINION BY ADMINISTRATIVE JUDGE D’ALESSANDRIS ON THE GOVERNMNET’S MOTION FOR RECONSIDERATION The government has timely moved for reconsideration of our July 16, 2026 decision in Bahadir Construction Engineering Contracting & Trading Inc. Co and Impreza Costruzioni Giuseppe Maltauro S.p.A. Joint Venture, ASBCA No. 64038 et al., 26-1 BCA ¶ 39,092. In that decision, we denied the government’s motion to dismiss for failure to state a claim based upon our finding that appellant’s claim stated a sum certain. Familiarity with our prior decision is presumed. DECISION In deciding a motion for reconsideration, the Board examines whether the motion is based upon newly discovered evidence, mistakes in our findings of fact, or errors of law. J.F. Taylor, Inc., ASBCA Nos. 56105, 56322, 12-2 BCA ¶ 35,125 at 172,453. Reconsideration is not intended to afford a party an opportunity to reargue DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below is subject to an ASBCA Protective Order. This version has been approved for public release. positions previously presented and rejected by the Board. Precision Standard, Inc., ASBCA No. 58135, 16-1 BCA ¶ 36,504 at 177,860. Absent a compelling reason to modify our original decision, the Board will deny a motion for reconsideration. ADT Constr. Grp., Inc. by Timothy S. Cory, Chapter 7 Trustee, ASBCA No. 55358, 14-1 BCA ¶ 35,508 at 174,041. The government’s motion fails to demonstrate that the Board erred in finding that appellant’s claim states a sum certain. Moreover, the Board has previously considered and rejected the arguments presented in the government’s motion. Accordingly, the government has failed to show a compelling reason for us to modify our original decision. CONCLUSION For the reasons stated above, the government’s motion for reconsideration is denied. Dated: September 9, 2026 DAVID D’ALESSANDRIS Administrative Judge Vice Chairman Armed Services Board of Contract Appeals I concur I concur J. REID PROUTY MARK A. MELNICK Administrative Judge Administrative Judge Acting Chairman Armed Services Board Armed Services Board of Contract Appeals of Contract Appeals 2 DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below is subject to an ASBCA Protective Order. This version has been approved for public release. I certify that the foregoing is a true copy of the Opinion and Decision of the Armed Services Board of Contract Appeals in ASBCA Nos. 64038, 64336, 64428, Appeals of Bahadir Construction Engineering Contracting & Trading Inc. Co. and Impreza Costruzioni Giuseppe Maltauro S.p. A Joint Venture, rendered in conformance with the Board’s Charter. Dated: PAULLA K. GATES-LEWIS Recorder, Armed Services Board of Contract Appeals 3