Case: 23-2270 Document: 9 Page: 1 Filed: 10/06/2023

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

BES DESIGN/BUILD, LLC, Appellant

v.

SECRETARY OF VETERANS AFFAIRS, Appellee ______________________

2023-2270 ______________________

Appeal from the Civilian Board of Contract Appeals in No. 6453, 6560, Administrative Judge Jerome M. Drummond, Administrative Judge Jonathan D. Zischkau, Administrative Judge Beverly M. Russell. ______________________

ORDER The parties having so agreed, it is ordered that: (1) The proceeding is DISMISSED under Fed. R. App. P. 42 (b). Case: 23-2270 Document: 9 Page: 2 Filed: 10/06/2023

2 BES DESIGN/BUILD, LLC V. SECRETARY OF VETERANS AFFAIRS

(2) Each side shall bear their own costs.

FOR THE COURT

October 6, 2023 Date /s/ Jarrett B. Perlow Jarrett B. Perlow Clerk of Court

ISSUED AS A MANDATE: October 6, 2023