*1 N OTE : This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ REGENCY CONSTRUCTION, INC., Appellant v.

DEPARTMENT OF AGRICULTURE, Appellee ______________________ 2016-2600 ______________________ Appeal from the Civilian Board of Contract Appeals in Nos. 3246, 4356, Administrative Judge Marian Elizabeth Sullivan, Administrative Judge Jeri Kaylene Somers, Administrative Judge Joseph A. Vergilio.

______________________ JUDGMENT ______________________ M ATTHEW W AYNE W ILLIS , Ashley Ashley & Arnold, Dyersburg, TN, argued for appellant. Also represented by S AMMIE L EO A RNOLD .

V ITO S ALVATORE S OLITRO , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for appellee. Also represented by C HAD A. R EADLER , R OBERT E. K IRSCHMAN , J R ., D EBORAH A. B YNUM .

______________________ T HIS C AUSE having been heard and considered, it is O RDERED and A DJUDGED :

P ER C URIAM (P ROST , Chief Judge, M OORE and R EYNA , Circuit Judges ).

AFFIRMED. See Fed. Cir. R. 36. E NTERED BY O RDER OF THE C OURT December 13, 2017 /s/ Peter R. Marksteiner Date Peter R. Marksteiner

Clerk of Court