ARMED SERVICES BOARD OF CONTRACT APPEALS
Appeals of -- )
)
Al Barih for General Contracting Ltd. ) ASBCA Nos. 57148, 57149, 57599
)
Under Contract No. W91GDW-07-D-2012 )
APPEARANCE FOR THE APPELLANT: Mr. Naseer A. Abdul-Ameer
President/CEO
APPEARANCES FOR THE GOVERNMENT: Raymond M. Saunders, Esq.
Army Chief Trial Attorney
CPT Tyler L. Davidson, JA
Trial Attorney
OPINION BY ADMINISTRATIVE JUDGE PAUL
ON APPELLANT'S MOTION FOR RECONSIDERATION
On 7 July 2014, the Board dismissed Al Barih for General Contracting Ltd.'s
(Al Barih's) appeals for failure to prosecute pursuant to Board Rule 31, now revised as
Rule 17. Al Barihfor General Contracting Ltd., ASBCA Nos. 57148, 57149, 57599,
14-1 BCA ~ 3 5,661. Familiarity with that decision is presumed. We noted that
Al Barih's appeals had been on the Board's docket for several years, that it had
engaged a series of attorneys who later withdrew their representation, and that it
had failed to comply with a series of Board orders. Accordingly, the Board ordered
Al Barih to show cause why its appeals should not be dismissed with prejudice for
failure to prosecute. In its response, appellant failed to resolve the issues raised by the
Board. Rather, it pointed to financial distress as the underlying cause for its failures.
Rejecting Al Barih's contentions, the Board held:
Many contractors are represented pro se before this Board.
They routinely respond to discovery requests and file
briefing materials. Considering the extended period of
time these appeals have been on the Board's docket, Al
Barih's alleged financial condition does not excuse its
failure to prosecute these appeals.
14-1BCA~35,661at174,568.
Al Barih filed a timely motion for reconsideration dated 9 August 2014. It
stated that it was trying to raise funds to secure new counsel and that it would suffer a
significant financial loss if our decision was affirmed (mot. at 1-2). On 26 August
2014, the government responded to appellant's motion. It accurately set forth the legal
standard governing motions for reconsideration in these terms:
In determining whether a party has met this standard, the
Board will consider newly discovered evidence, mistakes
in the Board's fact-finding, and errors oflaw. [Citations
omitted]
(Gov't opp'n at 1-2) The government argued that appellant had failed to meet these criteria
(id. at 1-3). On 25 September 2014, Al Barih filed a reply brief in which it merely
summarized its earlier contentions (app. reply br. at 1-2).
Al Barih has failed to meet the standards for granting motions for reconsideration.
It has neither presented any newly discovered evidence nor pointed to any factual or legal
errors in our decision.
CONCLUSION
We have reconsidered our decision and affirm it.
Dated: 5 November 2014
MICHAEL T. PAUL
Administrative Judge
Armed Services Board
of Contract Appeals
I concur I concur
Administrative
~~#
Administrative Judge
Chairman Vice Chairman
Armed Services Board Armed Services Board
of Contract Appeals of Contract Appeals
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I certify that the foregoing is a true copy of the Opinion and Decision of the
Armed Services Board of Contract Appeals in ASBCA Nos. 57148, 57149, 57599,
Appeals of Al Barih for General Contracting Ltd., rendered in conformance with the
Board's Charter.
Dated:
JEFFREY D. GARDIN
Recorder, Armed Services
Board of Contract Appeals
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