Mongiovi & Son

ARMED SERVICES BOARD OF CONTRACT APPEALS Appeal of-- ) ) Mongiovi & Son ) ASBCA No. 59013 ) Under Contract No. W911 WN-10-C-0016 ) APPEARANCE FOR THE APPELLANT: Lawrence J. Sklute, Esq.

Sklute & Associates Potomac, MD APPEARANCES FOR THE GOVERNMENT: Thomas H. Gourlay, Jr., Esq.

Engineer Chief Trial Attorney Richard J. Sprunk, Esq.

Engineer District Counsel U.S. Army Engineer District, Pittsburgh ORDER OF DISMISSAL Appellant requests the Board to dismiss this appeal without prejudice for lack of jurisdiction on the grounds that the contracting officer's final decision was issued in response to a equitable adjustment, rather than a Contract Disputes Act claim. The government does not oppose appellant's request. Accordingly, this appeal is dismissed without prejudice.

Dated: 6 February 2014

Administrative Judge Vice Chairman Armed Services Board of Contract Appeals I certify that the foregoing is a true copy of the Order of Dismissal of the Armed Services Board of Contract Appeals in ASBCA No. 59013, Appeal ofMongiovi & Son, rendered in conformance with the Board's Charter.

Dated:

JEFFREY D. GARDIN Recorder, Armed Services Board of Contract Appeals