NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

BERNARD CAP COMPANY, INC., Appellant,

v.

ROBERT M. GATES, SECRETARY OF DEFENSE, Appellee. ____________________

2010-1353 ______________________

Appeal from the Armed Services Board of Contract Appeals in Nos. 56679, 56703, 56705, and 56716, Administrative Judge Jack Delman. ______________________

JUDGMENT ______________________

MARC LAMER, Kostos and Lamer, P.C., of Philadelphia, Pennsylvania, for appellant.

JACOB A. SCHUNK, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for appellee. With him on the brief were TONY WEST, Assistant Attorney General, JEANNE E. DAVIDSON, Director, and TODD M. HUGHES, Deputy Director. ______________________ THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (BRYSON, DYK , and PROST, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

February 14, 2011 /s/ Jan Horbaly_________________ Date Jan Horbaly Clerk