Case: 23-1372 Document: 49 Page: 1 Filed: 05/09/2024

NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

ACC CONSTRUCTION COMPANY, INC., Appellant

v.

SECRETARY OF THE ARMY, Appellee ______________________

2023-1372 ______________________

Appeal from the Armed Services Board of Contract Ap- peals in Nos. 62265, 62937, Administrative Judge J. Reid Prouty, Administrative Judge Mark A. Melnick, Adminis- trative Judge Richard Shackleford. ______________________

JUDGMENT ______________________

JACOB WILLIAM SCOTT, Smith, Currie & Hancock LLP, Tysons, VA, argued for appellant. Also represented by LOCHLIN BARRETT SAMPLES, Atlanta, GA.

REBECCA SARAH KRUSER, Commercial Litigation Branch, Civil Division, United States Department of Jus- tice, Washington, DC, argued for appellee. Also repre- sented by BRIAN M. BOYNTON, PATRICIA M. MCCARTHY, CORINNE ANNE NIOSI. Case: 23-1372 Document: 49 Page: 2 Filed: 05/09/2024

______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (REYNA, HUGHES, and CUNNINGHAM, Circuit Judges). AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

May 9, 2024 Date