ARMED SERVICES BOARD OF CONTRACT APPEALS 
 
Appeals of - )  
 )  
North Wind Construction Services, LLC ) 
) 
) 
ASBCA Nos. 63641, 63642, 63733 
                       63750, 63751, 63759 
                       63760, 63761, 63762 
 )  
Under Contract No. W91237-21-C-0003 )  
   
APPEARANCES FOR THE APPELLANT: Dana W. Lang, Esq. 
  Womble Bond Dickinson (US) LLP 
  Charleston, SC 
 
Joshua A. Mullen, Esq. 
Joshua R. Funderburke, Esq. 
  Womble Bond Dickinson (US) LLP 
  Nashville, TN 
 
Stephen J. McBrady, Esq. 
Skye Mathieson, Esq. 
John Nakoneczny, Esq. 
    Crowell and Moring LLP 
  Washington, DC  
APPEARANCES FOR THE GOVERNMENT: Michael P. Goodman, Esq. 
    Engineer Chief Trial Attorney 
 Matt D. Coakley, Esq. 
Joshua J. McCarroll, Esq. 
Jack D. Myers, Esq. 
    Engineer Trial Attorneys 
    U.S. Army Engineer District, Huntington 
 
Bonnie B. Jagoditz, Esq. 
  Engineer Trail Attorney 
    U.S. Army Engineer District, Nashville 

2 
 
OPINION BY ADMINISTRATIVE JUDGE MELNICK DENYING THE 
GOVERNMENT’S MOTION FOR RECONSIDERATION OF THE BOARD’S 
APRIL 3, 2024, DECISION DENYING THE GOVERNMENT’S MOTION TO 
DISMISS ASBCA NOS. 63760 AND 63761, AND DENYING THE 
GOVERNMENT’S REQUEST FOR SENIOR DECIDING GROUP 
CONSIDERATION 
 
The government seeks reconsideration of the Board’s April 3, 2024, decision 
denying the government’s motion to dismiss ASBCA Nos. 63760 and 63761.  Motions 
for reconsideration do not “provide a party an opportunity to reargue issues that were 
previously raised and decided.”  John C. Grimberg Co., ASBCA Nos. 58791, 59717,  
19-1 BCA ¶ 37,227 at 181,211 (citing Precision Standard, Inc., ASBCA No. 58135,  
16-1 BCA ¶ 36,504 at 177,860).  Nor do they allow a “second bite at the apple” or an 
“opportunity to advance arguments that properly should have been presented in an 
earlier proceeding.”  Id. (citing Dixon v. Shinseki, 741 F.3d 1367, 1378 (Fed. Cir. 
2014)).
∗  Motions for reconsideration are granted “if we have made a genuine 
oversight that affects the outcome.”  Id. (quoting Relyant, LLC, ASBCA No. 59809, 
18-1 BCA ¶ 37,146 at 180,841).  The government reargues some points already 
considered by the Board, raises new arguments it could have previously advanced but 
did not, and substitutes prior concessions and contentions of law with new ones that it 
now prefers.  But mostly, it does not persuade us that we have committed an oversight 
that affects the outcome of the motion.  Accordingly, the government’s motion is 
denied. 
 
The government seeks referral of its motion to the Board’s Senior Deciding 
Group to overturn Fru-Con Construction Corp., ASBCA No. 53544, 02-1 BCA  
¶ 31,729, and decisions following that precedent.  Requests that an appeal be referred 
to the Board’s Senior Deciding Group are governed by the Board’s Rules and Charter.  
ASBCA Rules, Preface § II(c); ASBCA Charter, 48 C.F.R., ch. 2, app’x A, pt.1 § 3.  
The Chairman has considered the government’s request pursuant to those provisions 
and denies it. 
 
 Dated:  July 2, 2024 
 
 
 
(Signatures continued) 
 
 
∗ To be sure, new subject matter jurisdictional challenges may be raised at any point in 
litigation, see, e.g., Henderson v. Shinseki, 562 U.S. 428, 434-45 (2011), but the 
motion before us here is one seeking reconsideration of a particular motion 
already denied and we apply our normal standard of review. 
 
MARK A. MELNICK 
Administrative Judge 
Armed Services Board 
of Contract Appeals 


3 
 
I concur 
 
 
 
OWEN C. WILSON 
Administrative Judge 
Acting Chairman 
Armed Services Board 
of Contract Appeals 
 I concur 
 
 
 
 J. REID PROUTY 
Administrative Judge 
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 Nos. 63641, 63642, 63733, 
63750, 63751, 63759, 63760, 63761, 63762,
 Appeals of North Wind Construction 
Services, LLC, rendered in conformance with the Board’s Charter. 
 
 Dated:  July 3, 2024 
 
 
 
 
 
 
 
 
PAULLA K. GATES-LEWIS 
Recorder, Armed Services 
Board of Contract Appeals