NOTE: This disposition is nonprecedential.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