ARMED SERVICES BOARD OF CONTRACT APPEALS 
Appeal of --
Hempt Bros., Inc. 
Under Purchase Order No. AMMO RD 
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ASBCA No. 59923 
APPEARANCE FOR THE APPELLANT: Michael L. Bangs, Esq. 
APPEARANCES FOR THE GOVERNMENT: 
Bangs Law Office, LLC 
Camp Hill, PA 
Raymond M. Saunders, Esq. 
Army Chief Trial Attorney 
MAJ Lawrence P. Gilbert, JA 
Trial Attorney 
OPINION BY ADMINISTRATIVE JUDGE MCILMAIL 
On 6 April 2015, appellant, Hempt Bros., Inc. (Hempt), filed this appeal from a 
contracting 
officer's 4 February 2015 final decision. On 11May2015, the Board 
ordered that the parties address whether the Board possessed jurisdiction to entertain 
the appeal. In response, the government argued that no contract existed with appellant 
and, at best, appellant may be a subcontractor for providing services. Thus, no privity 
exists between Hempt and the government. Also, in response on 10 June 2015, 
Hempt, through counsel, stated: 
Hempt had no intention of presenting a formal 
"claim" under this administrative process to the contracting 
officer and 
its letter of January 12, 2015 [seeking payment 
of $13,213.81] was never intended to be as such .... 
Hempt does not believe that the matters at 
issue ... should be subject to the Armed Services Board of 
Contract Appeals. Hempt believes that [the government] 
erroneously invoked this appeal process and it should not 
continue. 
Hempt believes that the proper decision in this 
matter is that the Armed Services Board of Contract 

Appeals lacks jurisdiction to hear this matter in that it is 
not an appeal of the contracting officer's decision at all. 
On 27 August 2015, the Board ordered that by 4 September 2015, the parties 
show cause why, in view ofHempt's 10 June 2015 statements, the appeal should not 
be considered withdrawn, and why, therefore, the appeal should not be dismissed 
without prejudice. On 1 September 2015, the government responded that the appeal 
should be withdrawn, and that it did not oppose dismissal with or without prejudice. 
Appellant has not responded to the order to show cause. In view of Hempt's 10 June 
2015 statements, we find that the appeal has been withdrawn. Accordingly, the appeal 
is dismissed from the Board's docket, without prejudice. 
Dated: 3 November 2015 
I concur 
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Administrative Judge 
Acting Chairman 
Armed Services Board 
of Contract Appeals 
Administ ative Judge 
Armed Services Board 
of Contract Appeals 
I concur 
/·) -~---
RICJ~~CKLEFORD 
Administrative Judge 
Vice Chairman 
Armed Services Board 
of Contract Appeals 
I certify that the foregoing is a true copy of the Order of Dismissal of the 
Armed Services Board of Contract Appeals in ASBCA No. 59923, Appeal ofHempt 
Bros., Inc., rendered in conformance with the Board's Charter. 
Dated: 
2 
.GARDIN 
Recorder, Armed Services 
Board of Contract Appeals