ARMED SERVICES BOARD OF CONTRACT APPEALS 
 
OPINION BY ADMINISTRATIVE JUDGE MCILMAIL  
ON APPELLANT’S MOTION FOR RECONSIDERATION 
 
 Appellant requests reconsideration of our recent decision awarding it $210,000, 
plus interest in accordance with 41 U.S.C. § 7109, from July 21, 2022, until the date of 
payment.  Flatland Realty, LLC, ASBCA No. 63409, 2023 WL 7797531 (Oct. 30, 
2023).  Specifically, appellant repeats its original request for $800,000, plus 
unspecified interest retroactive to January 1, 2022.  We have not requested a response 
from the government.  See John Shaw LLC d/b/a Shaw Building Maintenance, 
ASBCA No. 61379, 18-1 BCA ¶ 37,026 at 180,294. 
 
 In support of its motion, appellant not only presents evidence that it did not 
present earlier, and that is not newly-discovered, it admits that it also presents an 
argument that it did not previously assert.  Motions for reconsideration 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.  Avant Assessment, 
LLC, ASBCA No. 58867, 15-1 BCA ¶ 36,137 at 176,384.  Nor is it, as a general rule, 
a vehicle for the introduction of evidence not newly-discovered.  See Hellenic Express, 
ASBCA No. 47129, 97-1 BCA ¶ 28,844 at 143,885.  The motion for reconsideration is 
denied. 
 
 Dated:  December 18, 2023 
 
 
 
 
 
 
 
(Signatures continued) 
 
 
 
TIMOTHY P. MCILMAIL 
Administrative Judge 
Armed Services Board 
of Contract Appeals  
Appeal of - )  
 )  
Flatland Realty, LLC ) ASBCA No. 63409 
 )  
Under Contract No. DACW43-1-14-49 )  
   
APPEARANCE FOR THE APPELLANT: Mr. Tyler Brinkmann 
    Owner 
     
APPEARANCES FOR THE GOVERNMENT Michael P. Goodman, Esq. 
    Engineer Chief Trial Attorney 
 Brandon D. Belt, Esq. 
    Engineer Trial Attorney 
    U.S. Army Engineer District, St. Louis 

2 
 
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. 63409,
 Appeal of Flatland 
Realty, LLC, rendered in conformance with the Board’s Charter. 
 
 Dated:  December 19, 2023 
 
 
 
 
 
 
 
 
PAULLA K. GATES-LEWIS 
Recorder, Armed Services 
Board of Contract Appeals