ARMED SERVICES BOARD OF CONTRACT APPEALS 
Appeal of--
Environmental Safety Consultants, Inc. 
Under Contract No. N62470-95-C-2399 
APPEARANCE FOR THE APPELLANT: 
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APPEARANCES FOR THE GOVERNMENT: 
ASBCA No. 58847 
Mr. Peter C. Nwogu 
President 
Ronald J. Borro, Esq. 
Navy Chief Trial Attorney 
Ellen M. Evans, Esq. 
Senior Trial Attorney 
OPINION BY ADMINISTRATIVE JUDGE FREEMAN 
ON THE GOVERNMENT'S MOTION TO DISMISS 
On 24 August 2013, Environmental Safety Consultants, Inc. (ESCI) filed a notice 
of appeal from the deemed denial of its claim submitted to the contracting officer on 
20 June 2013 (ex. A to notice of appeal), for payment of its Invoice No. 7 in the amount 
of$138,506.50 for work allegedly performed under the captioned contract. This same 
invoice 
was a claim before the Board in Environmental Safety Consultants, Inc., ASBCA 
No. 56415, 07-1 BCA ~ 33,483 at 165,984. In that appeal, we found the claim for 
payment of the invoice time barred under the Contract Disputes Act and dismissed the 
appeal for lack of jurisdiction. 07-1 BCA ~ 33,483 at 165,984, 165,986. The government 
has moved first for a dismissal for lack of jurisdiction, asserting the claim is time barred 
under the Contract Disputes Act. Alternatively, the government moves to dismiss the 
appeal on principles of res judicata. The claim for payment of Invoice No. 7 was time 
barred then. It is time barred now. We do not reach the government's alternative 
argument. 
The appeal is dismissed for lack of jurisdiction. 
Dated: 23 January 2014 
(Signatures continued) 
MONROE E. FREEMAN, JR. 
Administrative Judge 
Armed Services Board 
of Contract Appeals 

I concur 
Administrative Judge 
Acting Chairman 
Armed Services Board 
of Contract Appeals 
I concur 
RICHARD SHACKLEFORD 
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. 58847, Appeal of 
Environmental Safety Consultants, Inc., rendered in conformance with the Board's 
Charter. 
Dated: 
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JEFFREY D. GARDIN 
Recorder, Armed Services 
Board of Contract Appeals