ARMED SERVICES BOARD OF CONTRACT APPEALS 
 
OPINION BY ADMINISTRATIVE JUDGE STINSON ON THE 
GOVERNMENT’S MOTION TO DISMISS THE APPEAL AS MOOT 
 
Appellant Quality Trust, Inc. (QTI), appeals from a contracting officer’s 
termination of QTI’s contract for default.  The government requests dismissal of the 
appeal as moot.  QTI filed no response to the government’s motion.  We dismiss the 
appeal as moot. 
 
STATEMENT OF FACTS (SOF) FOR PURPOSES OF MOTION 
 
1.  The Department of the Air Force awarded Contract No. FA2517-19-P-A083 
to QTI on September 28, 2019, valued at $179,000.  This contract was for “all labor, 
materials, transportation, disposal, and supervision to replace four (4) walk-in 
refrigerators and one (1) freezer at Aragon Dining Facility” at Peterson Air Force Base 
in Colorado under a single contract line item number.  (R4, tab 3 at 1, 3).  The contract 
incorporated Federal Acquisition Regulation (FAR) 52.212-4, CONTRACT TERMS 
AND CONDITIONS-COMMERCIAL ITEMS (OCT 2018), which incorporated 
FAR 52.233-1, DISPUTES (MAY 2014) by reference (id. at 11). 
 
2.  On March 9, 2020, the Air Force terminated QTI’s contract for cause (R4, 
tab 76 at 1, 77 at 1).  QTI timely appealed the termination. 
 
3.  Appellant’s notice of appeal of its termination for cause included a “total 
amount in dispute” of approximately $323,000.  Appellant had not filed a certified 
claim for the $323,000, and on October 29, 2020, the government filed a motion for 
partial dismissal.  On January 12, 2021, appellant responded to the motion agreeing to 
the partial dismissal.  Accordingly, by Order dated February 18, 2021, the Board 
Appeal of - )  
 )  
Quality Trust, Inc. ) ASBCA No. 62576 
 )  
Under Contract No. FA2517-19-P-A083 )  
   
APPEARANCE FOR THE APPELLANT: Mr. Lawrence M. Ruiz 
    President 
 
APPEARANCES FOR THE GOVERNMENT: Caryl A. Potter, III, Esq. 
    Air Force Deputy Chief Trial Attorney 
 Jason R. Smith, Esq. 
    Trial Attorney 

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dismissed that portion of the appeal relating to the $323,000 without prejudice.  
Quality Trust, Inc., ASBCA No. 62576, 2021 WL 934902 (Feb. 18, 2021) (order of 
partial dismissal).  The government’s termination for cause remained before the Board. 
 
4.  On May 15, 2024, the contracting officer issued Modification No. P00005, 
converting the “complete termination for cause . . . to a termination for convenience” 
(gov’t mot. ex.). 
 
5.  On May 16, 2024, the government filed a motion to dismiss this appeal as 
moot. 
 
6.  Appellant did not submit a response to the government’s motion, and by 
Order dated June 18, 2024, the Board informed the parties: 
 
Board Rule 7(d) provides that a non-moving party has 
30 days from receipt of a motion to file its response. 
Accordingly, appellant’s response to the government’s 
motion was due to be filed no later than June 17, 2024.  
The Recorder’s Office has no record of receiving a 
response from appellant.  Appellant is ORDERED to file 
its response to the government’s motion no later than 
June 25, 2024. 
 
(Bd. corr. ltr. dtd. June 25, 2024) 
 
7.  Appellant did not submit a response to the government’s motion as required 
by our June 18, 2024, Order. 
 
DECISION 
 
“An appeal should be dismissed as moot ‘[w]hen, during the course of 
litigation, it develops that the relief sought has been granted or that the questions 
originally in controversy between the parties are no longer at issue.’”  Satterfield & 
Pontikes Constr., Inc., ASBCA Nos. 59980, 62301, 21-1 BCA ¶ 37,873 at 183,908 
(quoting Chapman Law Firm Co. v. Greenleaf Constr. Co., 490 F.3d 934, 939 (Fed. 
Cir. 2007)). 
 
The government’s motion states that “[a]s a result of such unconditional action 
by the Contacting Officer, there is no issue left for the Board to adjudicate and the 
appeal should be dismissed as moot” (gov’t mot. at 1).  We agree.  Because the 
government converted its termination of QTI’s contract for cause to one for the 
convenience of the government (SOF ¶ 4), there remains nothing for this Board to 
adjudicate.  Am. Best Constr. Co., ASBCA No. 62146, 19-1 BCA ¶ 37,450. 

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CONCLUSION 
 
For these reasons, the motion to dismiss is granted and the appeal is dismissed 
as moot. 
 
 Dated:  July  3, 2024 
 
 
 
 
 
 
 
 
 
 
 
 
DAVID B. STINSON 
Administrative Judge 
Armed Services Board 
of Contract Appeals 
I concur 
 
 
 
OWEN C. WILSON 
Administrative Judge 
Acting Chairman 
Armed Services Board 
of Contract Appeals 
 I concur 
 
 
 
 MICHAEL N. O’CONNELL 
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. 62576,
 Appeal of Quality 
Trust, Inc., rendered in conformance with the Board’s Charter. 
 
 Dated:  July 3, 2024 
 
 
 
 
 
 
 
 
PAULLA K. GATES-LEWIS 
Recorder, Armed Services 
Board of Contract Appeals