Restoration Specialists, LLC
Docket: ASBCA 63284
Decision date: 2024-01-25

ARMED SERVICES BOARD OF CONTRACT APPEALS 
 
OPINION BY ADMINISTRATIVE JUDGE MCLISH  
ON APPELLANT’S MOTION FOR RECONSIDERATION 
 
Appellant Restoration Specialists, LLC (Restoration) moves for reconsideration 
of the Board’s November 14, 2023 decision granting in part and denying in part the 
government’s motion for summary judgment (Decision).  Restoration Specialists, 
LLC, ASBCA No. 63284, 23-1 BCA ¶ 38,466.  For the reasons explained below, we 
deny the motion.   
 
To prevail on a motion for reconsideration, a party “must demonstrate a 
compelling reason for the Board to modify its decision.”  Golden Build Co., ASBCA 
No. 62294, 20-1 BCA ¶37,742 at 183,161 (quoting Bruce E. Zoeller, ASBCA 
No. 56578, 14-1 BCA ¶35,803 at 175,103).  If we have made mistakes in the findings 
of fact or conclusions of law, or by failing to consider an appropriate matter, 
reconsideration may be appropriate.  See Chugach Federal Solutions, ASBCA 
No. 61320, 23-1 BCA ¶38,456 at 186,919; Robinson Quality Constructors, ASBCA 
No. 55784, 09-2 BCA ¶34,171 at 168,911.  “In short, if we have made a genuine 
oversight that affects the outcome of the appeal, we will remedy it.”  Relyant, LLC, 
ASBCA No. 59809, 18-1 BCA ¶37,146 at 180,841.  Reconsideration might also be 
appropriate in the event of newly-discovered evidence.  Afghan Premier Logistics, 
ASBCA No. 62938 et al., 23-1 BCA ¶38,373 at 186,403.  Motions for reconsideration, 
however, are “not the place to present arguments previously made and rejected.”  Id.; 
Potomac Elec. Corp., ASBCA No. 61371, 20-1 BCA ¶ 37,663 at 182,862 (“A motion 
for reconsideration is not intended to present a ‘post-decision bolstering of contentions 
which we have already rejected.’”) (quoting Charitable Bingo Assocs., ASBCA 
Appeal of - )  
 )  
Restoration Specialists, LLC ) ASBCA No. 63284 
 )  
Under Contract No. FA4418-13-D-0006 )  
   
APPEARANCES FOR THE APPELLANT: A. Bright Ariail, Esq. 
Warren W. Ariail, Esq. 
    Law Office of A. Bright Ariail, LLC 
  Charleston, SC 
 
APPEARANCES FOR THE GOVERNMENT: Caryl A. Potter, III, Esq. 
    Air Force Deputy Chief Trial Attorney 
 Aaron J. Weaver, Esq. 
    Trial Attorney 

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No. 53470, 05-2 BCA ¶ 33,088 at 164,014).  They also “do not afford litigants the 
opportunity to take a ‘second bite at the apple’ or to advance arguments that properly 
should have been presented in an earlier proceeding.”  Dixon v. Shinseki, 741 F.3d 
1367, 1378 (Fed. Cir. 2014).   
 
Restoration has not demonstrated that reconsideration is appropriate.  Instead, it 
mostly repeats arguments that we previously considered and rejected.  Although it 
repeatedly asserts otherwise, it has not shown that we made factual or legal mistakes 
or failed to consider an appropriate matter.
1  Nothing in the motion presents a 
compelling reason for the Board to modify its decision.  
 
1.  Discovery 
 Restoration repeats its argument that it should be allowed discovery in order to 
defend against the government’s summary judgment motion (app. mot. at 1-2).2  We 
considered that argument and rejected it because Restoration had failed to show that it 
lacked any information important to its ability to contest the motion or that allowing 
discovery would supply it.  Restoration’s motion simply points to its counsel’s 
declaration, the inadequacies of which we addressed in our prior decision.  Decision 
at 186,961-62. 
 
2.  Single Claim Accrual Date 
Restoration continues to press its argument that the decision in Europe Asia 
Constr. Logistic, ASBCA No. 61553, 19-1 BCA ¶ 37,267, somehow supports its 
argument that its claims did not accrue for purposes of the six-year statute of 
limitations until the government deobligated funds from the contract long after the 
contract work was complete (app. mot. at 2-3).  As before, Restoration has not 
demonstrated how its interpretation of Europe Asia can be squared with the extensive 
precedent setting forth the claim accrual analysis that the Board follows, nor that 
Europe Asia in any way compels the conclusion that Restoration’s claims were timely. 
 
 
1 Making clear that it is rearguing its prior points, Restoration’s motion repeatedly 
directs us to “[s]ee arguments contained within Appellant’s Response to 
Respondent’s Motion for Summary Judgment and arguments made during the 
motion hearing held on September 21, 2023 as reflected in the Official 
Transcript of Proceedings” (app. mot. at 3, 10, 11 (emphasis in original); see 
also id. at 2).   
2 Restoration’s motion lacks page numbers.  We cite to the pages of the PDF file.   

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3.  Later Option Years 
Restoration continues to contend that it has viable and timely claims that the 
government is liable for failing to exercise the second, third and fourth option years 
under the Contract, even if the government properly declined to exercise the first 
option year (app. mot. at 3-9).  Restoration argues that the decision we cited for the 
proposition that a contract ends if the government does not timely exercise an option to 
extend it, Fluor Federal Solutions, Inc., ASBCA No. 62343, 23-1 BCA ¶ 38,302, is 
distinguishable on several grounds and actually supports Restoration’s position (app. 
mot. at 4).  Fluor, citing numerous other authorities, held that the government’s failure 
to properly exercise an option meant that the contract came to an end on the date it 
would have ended had the government not attempted to exercise the option at all.  
Fluor, 23-1 BCA at 185,956.  It went on to hold that any attempt by the government to 
exercise options after that date was “legally ineffective.”  Id.  It thus directly 
contradicts Restoration’s position that the government could have exercised the 
second, third and fourth option years in 2016, 2017 and 2018, even though the contract 
ended in January 2016.
3  If the government could not have exercised those later 
options, as Fluor demonstrates, then its failure to exercise them cannot be actionable.  
Restoration’s insistence that this conclusion is in error because of Hi-Shear Tech. 
Corp. v. United States, 53 Fed. Cl. 420 (2002), which Restoration acknowledges is not 
binding on us, continues to be unpersuasive, as that case did not address whether the 
government can be liable for failing to exercise an option at a time when it had no 
legal right to do so.    
 
Restoration also repeats its argument that its claims arising from the alleged 
failure to exercise the later option years can be salvaged under the “continuing claims” 
doctrine (app. mot. at 6-9) but makes no arguments we did not already consider and 
reject and identifies no error in our ruling.  It unpersuasively reargues its position that 
DynCorp Int’l, LLC, ASBCA No. 56078, 09-2 BCA ¶ 34,290, demonstrates that its 
claims regarding the non-exercise of the later option years are timely as continuing 
claims.  In that case, the Board found that the exercise of options can be independent 
and distinct events or wrongs, but expressly noted that “if the government chose not to 
award additional option years, there would be no claim for those years.”  Id. 
at 169,407.  Here, the claims Restoration is asserting as to the later option years are 
rooted in a single event — the allegedly bad faith decision not to award the first option 
year.  As DynCorp suggests, the failure to exercise each of the second, third and fourth 
options was not a distinct event from the non-exercise of the first option, but rather 
 
3 Restoration incorrectly asserts that we found that the contract expired when the 
government failed to exercise the first option year on May 27, 2014 (app. mot. 
at 5).  To the contrary, our opinion makes clear that the contract ended in 
January 2016.  Decision at 186,964.  

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flowed directly from it and the resulting expiration of the contract, and thus did not 
give rise to a continuing claim.      
 
CONCLUSION 
 
We have considered all of the arguments made in Restoration’s motion, 
whether or not specifically addressed herein, and find none of them availing.  The 
motion is denied.   
 
 Dated:  January 25, 2024 
 
 
 
 
 
 
 
 
 
 
 
THOMAS P. MCLISH 
Administrative Judge 
Armed Services Board 
of Contract Appeals 
I concur 
 
 
 
OWEN C. WILSON 
Administrative Judge 
Acting Chairman 
Armed Services Board 
of Contract Appeals 
 I concur 
 
 
 
 MICHAEL N. O’CONNELL 
Administrative Judge 
Acting Vice Chairman 
Armed Services Board 
of Contract Appeals 
 
 
 I certify that the foregoing is a true copy of the Opinion and Decision of the 
Armed Services Board of Contract Appeals in ASBCA No. 63284,
 Appeal of Restoration 
Specialists, LLC, rendered in conformance with the Board’s Charter. 
 
 Dated:  January 25, 2024 
 
 
 
 
 
 
 
 
PAULLA K. GATES-LEWIS 
Recorder, Armed Services 
Board of Contract Appeals