NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ FLUOR INTERCONTINENTAL, INC., Appellant, v. JOHN KERRY, Secretary of State, Appellee. ______________________ 2012-1553 ______________________ Appeal from the Civilian Board of Contract Appeals in Nos. 490, 491, 492, 716, 1555, and 1763, Administrative Judge Jeri Kaylene Somers. ______________________ JUDGMENT ______________________ PATRICIA A. MILLETT, Akin Gump Strauss Hauer & Feld LLP, of Washington, DC, argued for appellant. With her on the brief were THOMAS P. MCLISH, RUTHANNE M.

DEUTSCH, and TROY D. CAHILL; and ANYA J. STEIN, of Los Angeles, California Of counsel were EDWARD J. PARROTT and ROBERT M. FITZGERALD, Watt, Tieder, Hoffar & Fitzgerald, LLP, of McLean, Virginia.

JEFFREY A. REGNER, Trial Attorney, Commercial Liti- gation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellee. With him on the brief were STUART F. DELERY, Principal Depu- ty Assistant Attorney General, JEANNE E. DAVIDSON, Director, KIRK T. MANHARDT, Assistant Director. Of counsel on the brief were JOHN C. SAWYER and THOMAS D.

DINACKUS, Attorneys, United States Department of State, of Arlington, Virginia.

ROBERT A. LONG, Covington & Burling LLP, of Wash- ington, DC, for amici curiae. Of counsel on the brief were ROBIN S. CONRAD and RACHEL L. BRAND, National Cham- ber Litigation Center, of Washington, DC. ______________________ THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED:

PER CURIAM (RADER, Chief Judge, LINN, and REYNA, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

September 16, 2013 /s/ Daniel E. O’Toole Date Daniel E. O’Toole Clerk