ARMED SERVICES BOARD OF CONTRACT APPEALS 
Appeals of -- ) 
) 
BAE Systems Tactical Vehicle Systems LP ) 
) 
Under Contract No. W56HZV-08-C-0460 ) 
APPEARANCES FOR THE APPELLANT: 
APPEARANCES FOR THE GOVERNMENT: 
ASBCA Nos. 59491, 60433 
David Z. Bodenheimer, Esq. 
Brian Tully McLaughlin, Esq. 
Skye Mathieson, Esq. 
Crowell & Moring LLP 
Washington, DC 
Raymond M. Saunders, Esq. 
Army Chief Trial Attorney 
CPT Harry M. Parent III, JA 
Robert B. Neill, Esq. 
Trial Attorneys 
OPINION BY ADMINISTRATIVE JUDGE O'SULLIVAN ON THE 
GOVERNMENT'S MOTION TO DISMISS APPEALS AS MOOT 
Appellant, BAE Systems Tactical Vehicle Systems LP (BAE TVS) appealed 
from a contracting officer's final decision claiming that BAE TVS provided defective 
cost or pricing data in 2008 negotiations to definitize a contract award for tactical 
vehicles and seeking the amount of$56,386,953, net of accepted offsets (ASBCA 
No. 59491). BAE TVS also appealed from the contracting officer's deemed denial of 
its revised offset proposal (ASBCA No. 60433). On 25 July 2016, the Board denied the 
government's motion for an indefinite stay of proceedings pending resolution of a related 
False Claims Act case filed in federal district court for the Eastern District of Michigan. 
BAE Systems Tactical Vehicle Systems LP, ASBCA Nos. 59491, 60433, 16-1 BCA 
ii 36,450. Familiarity with that decision is presumed. 
On 17 November 2016 the contracting officer unequivocally rescinded her final 
decision finding defective pricing, in its entirety, and disclaimed any intention on the part 
of the government to issue a new final decision. Thereafter, the government filed the 
pending motion seeking to have both appeals dismissed as moot. Appellant does not 
oppose the government's motion. 

DECISION 
Where a contracting officer unequivocally rescinds a government claim and the 
final decision asserting that claim, with no evidence that the action was taken in bad faith, 
there is no longer any claim before the Board to adjudicate. The government's voluntary 
action moots the appeal, leaving the Board without jurisdiction to entertain the appeal 
further. Combat Support Associates, ASBCA Nos. 58945, 58946, 16-1BCA,-i36,288 at 
176,973, and cases cited therein. 
Here, the contracting officer unequivocally rescinded the final decision asserting 
the government claim that is the subject of these appeals, stating expressly: 
The government claim asserted in references (a) and 
(b) [PCO 11 June 2014 Demand letter, Final Decision, and 
DCAA Audit Report dated 15 July 2014] and the Final 
Decision in reference (b) are hereby unequivocally and 
entirely rescinded. The Government has no intention of 
issuing a new Final Decision from those references. 
(Gov't mot. to dismiss, ex. 1) Thus, the government has voluntarily provided the 
relief sought in these appeals and there is no suggestion that the rescission is in bad faith. 
Additionally, offsets are allowed to the extent of overstatements only, Cutler-Hammer, 
Inc. v. United States, 416 F.2d 1306, 1312 (Ct. Cl. 1969), thus the offsets raised in 
ASBCA No. 60433 are mooted as well by the rescission of the final decision. 
For the reasons above, the appeals are dismissed as moot. Dismissal of an appeal 
as moot after rescission of a government claim is not a determination on the merits. 
Combat Support Associates, 16-1BCA,-i36,288 at 176,973; Lasmer Industries, Inc., 
ASBCA No. 56411, 10-2 BCA ,-i 34,491 at 170, 123. 
Dated: 
5 December 2016 
(Signatures continued) 
2 
. / ;":!~ LYN~LLJVAN 
Administrative Judge 
Armed Services Board 
of Contract Appeals 

I concur I concur 
~~./¢-~ RJC~EFORD 
Administrative Judge Administrative Judge 
Acting Chairman Vice Chairman 
Armed Services Board Armed Services Board 
of Contract Appeals 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 Nos. 59491, 60433, Appeals of 
BAE Systems Tactical Vehicle Systems LP, rendered in conformance with the Board's 
Charter. 
Dated: 
3 
JEFFREY D. GARDIN 
Recorder, Armed Services 
Board of Contract Appeals