ARMED SERVICES BOARD OF CONTRACT APPEALS 
Appeal of --
Coastal Environmental Group, Inc. 
Under Contract No. N40085-13-C-6541 
APPEARANCE FOR THE APPELLANT: 
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APPEARANCES FOR THE GOVERNMENT: 
ASBCA No. 61276 
John M. Manfredonia, Esq. 
Manfredonia Law Offices, LLC 
Cresskill, NJ 
Craig D. Jensen, Esq. 
Navy Chief Trial Attorney 
Matthew D. Bordelon, Esq. 
Robert R. Kiepura, Esq. 
Trial Attorneys 
OPINION BY ADMINISTRATIVE JUDGE MCILMAIL 
ON THE GOVERNMENT'S MOTION TO DISMISS 
Appellant appeals from the contracting officer's deemed denial of its June 2, 2017 
certified claim seeking to recover $577,437.15 in what appellant says, in its notice of 
appeal (which we have deemed its complaint), are monetary damages that "reflect the 
monies paid by Appellant's surety to have another contractor complete the work, and for 
which Appellant remains liable," the government having terminated appellant's 
construction contract for default. Attached to the notice of appeal is a tender agreement 
between appellant's surety and the government (an agreement to which appellant is not a 
party), in which in paragraph 3 the surety agrees, once the government enters into a new 
contract with a completion contractor, to pay the government $577,437.15 "in order to 
provide [the government] sufficient funds to complete the terminated contract." In 
appellant's separate appeal from the default termination, we found that termination valid 
and denied the appeal. Coastal Environmental Group, Inc., ASBCA No. 60410, slip op. 
(July 17, 2018). 
We invited the parties to address whether we possess jurisdiction to entertain the 
appeal. Appellant relies upon L&M Thomas Concrete Co., ASBCA Nos. 49198, 49615, 
98-1 BCA 129,560 at 146,538, but we find that Engineering Technology Consultants, 
SA, ASBCA No. 47867, 96-2 BCA 128,442, is a closer analogue. In Engineering 
Technology, we concluded that a surety, by virtue of a post-termination takeover 
agreement with the government, became the contractor in privity of contract with the 
government, and that after that agreement the appellant in that appeal (who had been the 
original contractor) (I) was no longer in privity of contract with the government; (2) was 
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not a contractor within the meaning of the Contract Disputes Act, 41 U.S.C. § 7101(7), 
for post-agreement events; and (3) could not appeal post-termination repair or 
replacement costs agreed to by the surety. Id. at 142,094. We find no reason to depart 
from that approach in this appeal, which concerns a contractor who challenges its 
surety's post-termination payment to the government pursuant to a post-termination 
tender agreement to which it is not a party. Consequently, for purposes of this appeal, 
which does not involve a government assessment of excess reprocurement costs against 
an appellant, appellant is not a contractor within the meaning of 41 U .S.C. § 7101 (7). 
Because our jurisdiction extends only to appeals brought by a "contractor" within the 
meaning of that section, see Cooper/Ports America, LLC, ASBCA No. 61461, 18-1 
BCA ,r 37,045 at 180,331-32, we do not possess jurisdiction to entertain this appeal.* 
For these reasons, the appeal is dismissed for lack of jurisdiction. 
Dated: July 19, 2018 
I concur 
RJ~HACKLEFORD 
Administrative Judge 
Acting Chairman 
Armed Services Board 
of Contract Appeals 
~~ T~cILMA 
Administrative Judge 
Armed Services Board 
of Contract Appeals 
I concur 
O'"N C. WILSON 
Administrative Judge 
Vice Chairman 
Armed Services Board 
of Contract Appeals 
* Prior to the Board raising the issue of jurisdiction, the government filed a motion to 
dismiss for failure to state a claim. However, this decision obviates the need to 
rule on the government's motion. It is dismissed as moot. 
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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. 61276, Appeal of Coastal 
Environmental Group, Inc., rendered in conformance with the Board's Charter. 
Dated: 
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JEFFREY D. GARDIN 
Recorder, Armed Services 
Board of Contract Appeals