NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

SUNDT CONSTRUCTION, INC., Appellant,

v.

MICHAEL B. DONLEY, SECRETARY OF THE AIR FORCE, Appellee. ____________________

2011-1603 ______________________

Appeal from the Armed Services Board of Contract Appeals in no. 57358, Administrative Judge Elizabeth M. Grant. ______________________

JUDGMENT ______________________

BRIAN J. VELLA, Smith Pachter McWhorter PLC, of Vienna, Virginia, argued for appellant. With him on the brief were KATHRYN T. MULDOON and ERICA J. GEIBEL.

DOMENIQUE KIRCHNER, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellee. With her on the brief were TONY WEST, Assistant Attorney General, JEANNE E. DAVIDSON, Director, and BRYANT G. SNEE, Deputy Director. Of counsel on the brief was JEFFREY P. HILDEBRANT, Trial Attorney, Air Force Legal Operation Agency, United States Department of the Air Force, of Joint Base Andrews, Maryland. ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (DYK, PROST, and O’MALLEY, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

June 8, 2012 /s/ Jan Horbaly Date Jan Horbaly Clerk