United States Court of Appeals for the Federal Circuit ______________________

MERLIN INTERNATIONAL, INC., Appellant,

v.

JANET A. NAPOLITANO, SECRETARY OF HOMELAND SECURITY, Appellee.

______________________

2012-1123 ______________________

Appeal from the Civilian Board of Contract Appeals in no. 1012,2570. ______________________

JUDGMENT ______________________

DAVID C. AISENBERG, Looney Cohen & Aisenberg LLP, of Boston, Massachusetts, argued for appellant.

DOMENIQUE G. 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 STUART F. DELERY, Acting Assistant Attorney General, JEANNE E. DAVIDSON, Director, and KIRK MANHARDT, Associate Director. Of counsel on the brief was MEGAN GEMUNDER, Attorney Advisor, United States Department of Homeland Security, of Washington, DC.

______________________ THIS CAUSE HAVING BEEN HEARD AND CONSIDERED, IT IS

ORDERED AND ADJUDGED:

PER CURIAM (PROST, MOORE, and WALLACH, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

January 18, 2013 /s/ Jan Horbaly Date Jan Horbaly Clerk