Lessors of Abchakan Village, Logar Province, Afghanistan

ARMED SERVICES BOARD OF CONTRACT APPEALS
OPINION BY ADMINISTRATIVE JUDGE SWEET
On August 18, 2021, the government moved to reconsider footnote 8 of our
decision denying the government’s motion to dismiss, in which we held that “the
thumbprints used by the Heirs constitute valid signatures.” Lessors of
Abchakan Village, Logar Province, Afghanistan, ASBCA No. 61787, slip op. at 6 n.8
(Decision dtd. July 21, 2021). We did not intend footnote 8 to preclude the
government from challenging the validity of the thumbprint signatures following
discovery. Rather, we merely intended to hold that thumbprints may constitute valid
signatures, and the executed certifications contain thumbprints purporting to be from
the Heirs. Therefore, to the extent the language of footnote 8 is overly broad, we grant
the motion to reconsider, and clarify and amend the language in the first sentence of
footnote 8 to replace the words following “we hold that” with the words “the
thumbprints purportedly used by the Heirs may constitute valid signatures, without
prejudice to the government’s ability to challenge the validity of individual
Appeal of - 	)
)
Lessors of Abchakan Village, Logar
Province, Afghanistan
)
)
ASBCA No. 61787
)
Under Contract No. DACA-AED-5-09-9650 et al. 	)
APPEARANCES FOR THE APPELLANT: 	Keith J. Feigenbaum, Esq.
Duane Morris LLP
Philadelphia, PA
Charles B. Lewis, Esq.
Michael E. Barnicle, Esq.
Duane Morris LLP
Chicago, IL
APPEARANCES FOR THE GOVERNMENT: 	Michael P. Goodman, Esq.
Engineer Chief Trial Attorney
Cara M. Mroczek, Esq.
Traci N. Cunningham, Esq.
Engineer Trial Attorneys
U.S. Army Engineer District, Middle East
Winchester, VA

2
thumbprints.” We replace the words in the last sentence of footnote 8 following “we
hold that” with the same clause.
Dated: October 6, 2021
JAMES R. SWEET
Administrative Judge
Armed Services Board
of Contract Appeals
I concur
RICHARD SHACKLEFORD
Administrative Judge
Acting Chairman
Armed Services Board
of Contract Appeals
I concur
J. REID PROUTY
Administrative Judge
Vice Chairman
Armed Services Board
of Contract Appeals
I certify that the foregoing is a true copy of the Opinion and Decision of the
Armed Services Board of Contract Appeals in ASBCA No. 61787, Appeal of Lessors of
Abchakan Village, Logar Province, Afghanistan, rendered in conformance with the
Board’s Charter.
Dated: October 6, 2021
PAULLA K. GATES-LEWIS
Recorder, Armed Services
Board of Contract Appeals