ARMED SERVICES BOARD OF CONTRACT APPEALS 
Appeal of -- ) 
) 
Bhate Environmental Associates, Inc. ) 
) 
Under Contract No. W912DY-11-D-0013 ) 
APPEARANCES FOR THE APPELLANT: 
APPEARANCES FOR THE GOVERNMENT: 
ASBCA No. 60903 
Anna H. Browning, Esq. 
Jack G. Kowalski, Esq. 
Burr & Forman LLP 
Atlanta, GA 
Thomas H. Gourlay, Jr., Esq. 
Engineer Chief Trial Attorney 
Kathryn R. Sommerkamp, Esq. 
Margaret P. Simmons, Esq. 
Engineer Trial Attorneys 
U.S. Army Engineer District, Huntsville 
ORDER OF DISMISSAL 
On 25 November 2016, the Board received the contractor's Notice of Appeal, 
asserting that its "'request for equitable adjustment" was denied by the contracting 
officer on 29 August 2016. This appeal was docketed as ASBCA No. 60903. The 
government's motion to dismiss, which 
was predicated on Bhate's alleged failure to 
state a proper claim, was received by the Board on 30 January 2017. In the conference 
call of 27 July 2017, the Board discussed various options with the parties regarding the 
next step. Bhate advised by correspondence dated 10 August 2017 that it was willing 
to voluntarily withdraw this appeal without prejudice, subject to Bhate's right to 
continue pursuit of the matters set forth in its Complaint against the government, 
including the right, if necessary, to pursue subsequent appeal as appropriate. 
By Order dated 14 August 2017, the Board informed the parties that it 
intended to dismiss this appeal as requested by Bhate unless either party objected 
within 14 days of the date of the Order. Although the Board received no objection 
from the government, appellant requested that the order be revised further to remind 
the government of its obligation to timely issue a contracting officer's final decision. 
On 31 August 201 7, the Board advised the parties that it proposed to issue this 
amended 
Order of Dismissal unless timely objections were received by 8 September 
2017, which date was subsequently extended to 27 September 2017. A conference call 
was convened on 18 September 2017. Accordingly, this appeal is dismissed without 
prejudice. The parties are reminded of their relative obligations under the Contract 
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Disputes Act of 1978, 41 U.S.C. § 7103 including, without limitation, the 
government's obligation to timely issue a contracting officer's final decision. 
Dated: 19 September 2017 
~~ 
REBAPAGE ~ 
Administrative Judge 
Armed Services Board 
of Contract Appeals 
I certify that the foregoing is a true copy of the Order of Dismissal of the 
Armed Services Board of Contract Appeals in ASBCA No. 60903, Appeal ofBhate 
Environmental Associates, Inc., rendered in conformance with the Board's Charter. 
Dated: 
2 
JEFFREY D. GARDIN 
Recorder, Armed Services 
Board of Contract Appeals 
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