ARMED SERVICES BOARD OF CONTRACT APPEALS 
Appeal of -- ) 
) 
DCX-CHOL Enterprises, Inc. ) 
) 
Under Contract Nos. SPM4A4-11-V-4143 ) 
SPM4A6-11-C-008 l 
) 
APPEARANCE FOR THE APPELLANT: 
APPEARANCES FOR THE GOVERNMENT: 
ASBCA No. 60782 
Mr. Brian Gamberg 
Executive Vice President 
Daniel K. Poling, Esq. 
DLA Chief Trial Attorney 
Edward R. Murray, Esq. 
Elan D. Taylor, Esq. 
Trial Attorneys 
DLA Aviation 
Richmond, VA 
OPINION BY ADMINISTRATIVE JUDGE MCILMAIL ON THE 
GOVERNMENT'S MOTION TO DISMISS FOR LACK OF JURISDICTION 
Appellant, DCX-CHOL Enterprises, Inc. (DCX-CHOL), appealed from a 
government demand 
for payment of $59,590 for alleged defective cable assemblies. The 
government rescinded the demand for payment and requested dismissal of this appeal 
for lack of jurisdiction. DCX-CHOL failed to respond to the government's motion. We 
dismiss this appeal as moot. 
STATEMENT OF FACTS (SOF) FOR PURPOSES OF THE MOTION 
1. By letters dated 26 July 2016, the contracting officer (CO) notified DCX-CHOL 
that there were two deficiencies with the cable assemblies DCX-CHOL provided under 
order SPM4A4-l l-V-4143 and eleven deficiencies with the cable assemblies DCX-CHOL 
provided under order SPM4A6-l l-C-008 l (gov't mot., exs. B, C). 
2. By letter dated 23 August 2016, the CO made a demand for payment in the 
amount of $59,590 for the cable assemblies deficiencies listed in the letters dated 
26 July 2016 (gov't mot., ex. D). 
3. On 23 August 2016, DCX-CHOL filed its appeal from the demand for payment. 
4. By letter dated 16 September 2016, the CO rescinded the demand for 
payment and stated that 
"we no longer intend to pursue this claim" 
and that the letter 

does not "require any further action from DCX-Chol" (gov't mot., ex. E). The CO 
requested DCX-CHOL to withdraw its appeal but stated that rescission was not 
contingent on withdrawal of the appeal (id.). 
DISCUSSION 
When a CO unequivocally rescinds a government claim and the final decision 
asserting that claim, with no evidence that action was taken in bad faith, that voluntary 
action moots the appeal and leaves us without jurisdiction to entertain the appeal any 
further. Combat Support Associates, ASBCA Nos. 58945, 58946, 16-1 BCA ii 36,288 
at 176,973 (dismissing an appeal as moot where the CO rescinded the final decisions 
asserting the government claims); KAMP Systems, Inc., ASBCA No. 54253, 09-2 BCA 
ii 34, 196 at 168,995 (the CO stated there was no intention to issue a new decision). 
That is the case here. The CO unequivocally rescinded the demand for payment 
that is the subject of this appeal and stated that the government no longer intends to 
pursue the matter (SOF ii 4). While the CO included language asking DCX-CHOL to 
withdraw its appeal, the action to rescind the demand for payment was not contingent 
on withdrawal of the appeal (id.). There is no evidence that the rescission was taken in 
bad faith. Therefore, the CO's voluntary action moots the appeal and leaves us with 
nothing to adjudicate. 
CONCLUSION 
For these reasons, the appeal is dismissed as moot. 
Dated: 15 March 2017 
I concur 
MA 
Administrative Judge 
Acting Chairman 
Armed Services Board 
of Contract Appeals 
2 
Administrative Judge 
Armed Services Board 
of Contract Appeals 
RICHARD SHACKLEFORD 
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. 60782, Appeal ofDCX-CHOL 
Enterprises, Inc., rendered in conformance with the Board's Charter. 
Dated: 
3 
JEFFREY D. GARDIN 
Recorder, Armed Services 
Board of Contract Appeals