ARMED SERVICES BOARD OF CONTRACT APPEALS 
 
OPINION BY ADMINISTRATIVE JUDGE O’CONNELL 
ON APPELLANT’S MOTION FOR RECONSIDERATION 
 
 Appellant, Central Diversified Contracting, LLC (CDC), has moved for 
reconsideration of the Board’s Rule 12.3 merits decision dated January 5, 2021.  CDC 
also requests leave to supplement the Rule 4 file.  The Board denies the motions.   
 
DECISION 
 
 The party moving for reconsideration “must demonstrate a compelling reason for 
the Board to modify its decision . . . .  [In doing so] we look to whether there is newly 
discovered evidence or whether there were mistakes in the decision’s findings of fact, or 
errors of law.”  Bruce E. Zoeller, ASBCA No. 56578, 14-1 BCA ¶ 35,803 at 175,103 
(citing J.F. Taylor, Inc., ASBCA Nos. 56105, 56322, 12-2 BCA ¶ 35,125).  A motion for 
reconsideration is not intended to present a “‘post-decision bolstering of contentions which 
we have already rejected.”’  Charitable Bingo Assocs. d/b/a Mr. Bingo, Inc., ASBCA 
Nos. 53249, 53470, 05-2 BCA ¶ 33,088 at 164,014 (quoting Mason & Hanger-Silas Mason 
Co., Inc. v. United States, 523 F.2d 1384, 1385 (Ct. Cl. 1975)).  Consistent with this 
principle, a party’s “[d]isagreements with the trier of fact as to the weight accorded certain 
evidence and the inferences to be drawn from such evidence are not appropriate grounds 
for reconsideration.”  J.F. Taylor, Inc., 12-2 BCA ¶ 35,125 at 172,453 (citing Walsky 
Constr. Co., ASBCA No. 41541, 94-2 BCA ¶ 26,698 at 132,784).  
 
 CDC states in its motion that “the Board does not appear to disagree with the 
quantum of the claim . . . but that it finds that CDC fails to prove entitlement . . .” (app. 
Appeal of - )  
 )  
Central Diversified Contracting, LLC ) ASBCA No. 62585 
 )  
Under Contract No. W9127N-19-P-0163 )  
   
APPEARANCE FOR THE APPELLANT: Mr. Peter Draganic 
    President 
 
APPEARANCES FOR THE GOVERNMENT: Michael P. Goodman, Esq. 
    Engineer Chief Trial Attorney 
 Nathaniel S. Canfield, Esq. 
E. Christopher Lambert, Esq. 
    Engineer Trial Attorneys 
    U.S. Army Engineer District, Portland 

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mot. for recon. at 2).  CDC’s assertion is not accurate.  The Board sustained the appeal in 
part, finding that the government was responsible for some delay, but the Board held that 
CDC had not proved its damages for additional days on site or for emergency 
administrative hours.  Central Diversified Contracting, LLC, ASBCA No. 62585, slip op. 
at 3-4 (Jan. 5, 2021).  For the reasons stated in the Board’s decision, we did not find the 
evidence presented by CDC to be sufficient to carry its burden of proof with respect to 
the claimed hourly rates of $250 or $375 or the daily rate of $3,000 (id. at 3).  CDC 
continues to argue the Board’s weighing of the evidence in its motion (app. mot. for 
recon. at 3-6), but this is not a valid basis for reconsideration.  J.F. Taylor, 12-2 BCA 
¶ 35,125 at 172,453. 
 
 CDC also seeks leave to supplement the record with an additional document that, 
in its view, shows that it would have completed the project by November 15, 2019, but 
for the government’s delay.  Board Rule 13(c) provides that:  “Except as the Board may 
otherwise order, no evidence will be received after completion of an oral hearing.”  The 
Board closed the record at the conclusion of the hearing on December 9, 2020 (tr. 1/77).  
Pursuant to Rule 13(c), a motion for reconsideration is generally not an appropriate time 
for submitting new evidence.  CDC makes no showing that this evidence – an email – 
could not have been produced prior to or at the time of the hearing if CDC had exercised 
reasonable diligence in looking through its records.  In any event, this email is cumulative 
of evidence that CDC presented at the hearing and which the Board found inadequate to 
prove that it would have completed the project by November 15 absent the government 
delay.  CDC’s motion to supplement is denied. 
 
CONCLUSION 
 
 CDC’s motions for reconsideration and to supplement the record are denied. 
 
 Dated:  February 22, 2021 
 
 
 
MICHAEL N. O’CONNELL 
Administrative Judge 
Armed Services Board 
of Contract Appeals 
 
(Signatures continued) 
  


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I concur 
 
 
 
OWEN C. WILSON 
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 No. 62585, Appeal of Central 
Diversified Contracting, LLC, rendered in conformance with the Board’s Charter. 
 
 Dated:  February 24, 2021 
 
 
 
 
 
 
 
 
PAULLA K. GATES-LEWIS 
Recorder, Armed Services 
Board of Contract Appeals