ARMED SERVICES BOARD OF CONTRACT APPEALS 
Appeal of --
Satterfield & Pontikes Construction, Inc. 
Under Contract No. N69450-12-C-0754 
APPEARANCE FOR THE APPELLANT: 
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ASBCA No. 62158 
Douglas L. Patin, Esq. 
APPEARANCES FOR THE GOVERNMENT: 
Bradley Arant Boult Cummings LLP 
Washington, DC 
Craig D. Jensen, Esq. 
Navy Chief Trial Attorney 
Matthew D. Bordelon, Esq. 
Trial Attorney 
ORDER OF DISMISSAL 
On August 27, 2019, appellant filed a Notice of Appeal predicated upon the 
"deemed denial" of its June 13, 2019 "Termination for Convenience claim and request 
for a final decision to the Contracting Officer [CO]." This was based upon the CO's failure 
to issue a final decision within 60 days or to indicate when this would be done. The appeal 
was docketed as ASBCA No. 62158. By separate correspondence of August 27, 2019, 
Satterfield & Pontikes then notified the Board that it had located a copy of the CO's 
response to the claim, and sought to withdraw the appeal while "reserv[ing] its rights to 
refile a Notice of Appeal at a later date." The Board treats this as a motion to dismiss the 
appeal without prejudice. 
The government was given the opportunity to respond, and initially indicated that 
it would agree to dismissal only if it were done with prejudice. Following further 
discussion, the parties on September 30, 2019, agreed to dismissal of the appeal without 
prejudice upon these terms: 
Appellant dismisses without prejudice its deemed denial 
appeal of August 27, 2019. Appellant will not seek to 
reinstate this "deemed denial" appeal filed August 27, 2019[], 
or seek to file any other deemed denial "relating back" to that 
August 27, 2019 Notice of Appeal. This dismissal without 
prejudice does not affect Appellant's right to appeal a 
contracting officer's final decision regarding Appellant's 
termination for convenience claim dated June 13, 2019, or a 
subsequent, independent deemed denial appeal of that claim. 
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We regard this as a joint motion to dismiss ASBCA No. 62158 without prejudice. 
The motion is granted in accordance with Board Rule 18(b ), with the stipulation that 
appellant is not foreclosed from lodging a timely appeal of its June 13, 2019 claim under 
the circumstances stated above. 
Dated: October 2, 2019 
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. 62158, Appeal of Satterfield & Pontikes 
Construction, Inc., rendered in conformance with the Board's Charter. 
Dated: 
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PAULLA K. GATES-LEWIS 
Recorder, Armed Services 
Board of Contract Appeals