ASBCA 59303

ARMED SERVICES BOARD OF CONTRACT APPEALS Appeal of-- ) ) Environmental Safety Consultants, Inc. ) ASBCA No. 58343 ) Under Contract No. N62470-95-B-2399 ) APPEARANCE FOR THE APPELLANT: Mr. Peter C. Nwogu President APPEARANCES FOR THE GOVERNMENT: Ronald J. Borro, Esq. Navy Chief Trial Attorney Ellen M. Evans, Esq. Senior Trial Attorney OPINION BY ADMINISTRATIVE JUDGE STEMPLER This matter comes before us on appellant's motion for reconsideration of our 2 March 2015 decision (Environmental Safety Consultants, Inc., ASBCA No. 58343, 15-1 BCA ~ 35,906 1), denying the appeal. On 28 September 2011, we issued our decision converting a termination for default of the captioned contract into a termination for the convenience of the government. Environmental Safety Consultants, Inc., ASBCA No. 51722, 11-2 BCA ~ 34,848. 2 The parties were unable to settle appellant's termination for convenience claim (see Environmental Safety Consultants, Inc., ASBCA No. 58343, 14-1 BCA ~ 35,681at174,664), and on 29 September 2012, ESCI appealed from a deemed denial of its claim. We docketed the appeal as ASBCA No. 58343. In response to a government motion to dismiss prompted by a sua sponte inquiry, on 25 July 2014 we dismissed for lack of jurisdiction all ofESCI's claims with the exception of $17 5 ,248 .40 in termination settlement expenses and the claimed termination settlement amount up to $561,873.25, for being time-barred by the statute of limitations in the Contract Disputes Act, 41 U.S.C. § 7103(a)(4)(A). Environmental Safety Consultants, 14-1BCA~35,681 at 174,666. 3 1 Judge Freeman who authored the decision under reconsideration has since retired. 2 Familiarity with all the Environmental Safety Consultants, Inc. (ESCI), decisions cited herein is presumed. 3 On 25 July 2014, we issued our opinion, partially dismissing ASBCA No. 58343, ESCI's claims for contract time and price adjustments and for breach of contract damages, for lack of jurisdiction because they were out of time under I  On 23 October 2014, the Board sanctioned appellant for non-compliance with a discovery order, limiting the documents and testimony that ESCI would be permitted to introduce into the record at the upcoming hearing on its appeal. Environmental Safety Consultants, Inc., ASBCA No. 58343, 14-1BCA~35,786; see also 15-1 BCA ~ 3 5,906 at 17 5,518-19. ESCI' s documentary proof was further restricted at the hearing for failure to comply with pre-hearing orders concerning deadlines for submittal of documents. Id. at 175,519. We issued our decision denying ESCI's remaining claim on 2 March 2015, finding "the incurred costs of the terminated work with a reasonable profit thereon are less than the progress payments made by the government, and that the settlement expenses have not been proven in any amount." 15-1BCA~35,906 at 175,515. By email of26 March 2015, appellant submitted a motion dated 16 March 2015 for an extension in the period to file a motion for reconsideration of our 2 March 2015 decision. By order dated 26 March 2015, appellant's motion was denied since Board Rule 20 (2014) (48 C.F.R. chap. 2, appx. A, pt. 2) expressly states that extensions in the period to file a motion for reconsideration will not be granted. ~ I On 10 April 2015, appellant filed a Motion for Reconsideration and Memorandum in Support, together with a request for a 30-day extension in the period to submit a fuller memorandum in support of its motion. By order dated 13 April Ii 2015, appellant's extension request was granted until 13 May 2015. Appellant's memorandum incorporates by reference all the briefs and records filed previously in this litigation. Attached to this memorandum were 39 photographs and a document apparently generated subsequent to the filing of this appeal. I On 15 May 2015, without a motion for leave to file out-of-time, the Board received by Federal Express, another memorandum in support of appellant's motion I the CDA's six-year statute of limitations. Environmental Safety Consultants, 14-1BCA~35,681 (gov't mot. for recon. denied, 14-1BCA~35,785; app. mot. for recon. denied, 7 Nov. 2014, 2014 ASBCA LEXIS 365).