ARMED SERVICES BOARD OF CONTRACT APPEALS 
Appeal of-- ) 
) 
Mongiovi & Son ) 
) 
Under Contract No. W911 WN-10-C-0016 ) 
APPEARANCE FOR THE APPELLANT: 
APPEARANCES FOR THE GOVERNMENT: 
ASBCA No. 59013 
Lawrence J. Sklute, Esq. 
Sklute & Associates 
Potomac, MD 
Thomas H. Gourlay, Jr., Esq. 
Engineer Chief Trial Attorney 
Richard J. Sprunk, Esq. 
Engineer District Counsel 
U.S. Army Engineer District, Pittsburgh 
ORDER OF DISMISSAL 
Appellant requests the Board to dismiss this appeal without prejudice for lack of 
jurisdiction on the grounds that the contracting officer's final decision was issued in 
response to a equitable adjustment, rather than a Contract Disputes Act claim. The 
government does not oppose appellant's request. Accordingly, this appeal is dismissed 
without prejudice. 
Dated: 6 February 2014 
Administrative Judge 
Vice Chairman 
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. 59013, Appeal ofMongiovi & Son, 
rendered in conformance with the Board's Charter. 
Dated: 
2 
JEFFREY D. GARDIN 
Recorder, Armed Services 
Board of Contract Appeals