ARMED SERVICES BOARD OF CONTRACT APPEALS 
 
Petition of - )  
 )  
Maersk Line, Limited  ) ASBCA No. 62905-PET 
 )   
Under Contract Nos. SPM300-10-D-3373 
 SPM300-12-D-3571 
) 
) 
 
    
APPEARANCE FOR THE PETITIONER: Robert E. Korroch, Esq. 
    Williams Mullen 
    Norfolk, VA  
 
APPEARANCES FOR THE GOVERNMENT: Daniel K. Poling, Esq. 
    General Counsel 
 Steven C. Herrera, Esq. 
Lindsay A. Salamon, Esq. 
    Trial Attorneys 
    DLA Troop Support 
    Philadelphia, PA  
 
ORDER OF DISMISSAL 
 
Maersk Line, Limited (Maersk or contractor) filed a request, under Rule 1(a)(5), 
for an order directing the contracting officer to render a decision on two December 22, 
2020 certified claims no later than June 25, 2021.  In response to contractor’s petition, the 
government filed a motion to dismiss for lack of jurisdiction, alleging that only US 
TRANSCOM and not the Defense Logistics Agency (DLA or government) was the 
proper entity to issue a COFD.  In its reply in support of the motion to dismiss, DLA 
stated that the US TRANSCOM would “issue its COFD to Maersk.” 
 
On August 6, 2021, the Board ordered the petition stayed and the motion to 
dismiss held in abeyance, pending issuance of the COFD by US TRANSCOM.  
Furthermore, the Board stated  
 
[i]f the contracting officer fails to issue the COFD within 30 
days of the date of this Order, such failure will be deemed a 
decision by the contracting officer denying the claim, and the 
contractor may appeal to the proper Board or sue in the 
United States Court of Federal Claims pursuant to the 
Contract Disputes Act, 41 U.S.C. §§ 7103(f)(5) or 7104, as 
appropriate.  If after the issuance of the COFD, the issues 

2 
presented in the motion to dismiss remain, the parties may 
request the Board lift the suspension. 
 
After receiving no status update from the parties, the Board sent an Order on 
November 19, 2021, requesting the parties provide a reason the appeal should not be 
dismissed as moot, as more than 30 days had passed from the August 6, 2021 Order.  In 
response, appellant filed a request to withdraw the petition and dismiss without prejudice. 
 
As noted in the Board’s August 6, 2021 Order, if the contracting officer did not 
issue its final decision within 30 days, the claim would be deemed denied.  Although the 
parties did not provide a status update on the issuance of the COFD, if it has not yet been 
issued, the claim is still deemed denied as of September 6, 2021.  As such, the petition is 
now moot.  This Order completes all necessary action by the Board. 
 
Dated:  December 2, 2021
 
 
 
 
 
 
 
 
 
 
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. 62905-PET,
 Petition of Maersk Line, 
Limited, rendered in conformance with the Board’s Charter. 
 
Dated:  December 2, 2021   
 
 
 
 
RICHARD SHACKLEFORD  
Administrative Judge 
Vice Chairman 
Armed Services Board 
of Contract Appeals 
 
 
PAULLA K. GATES-LEWIS 
Recorder, Armed Services 
Board of Contract Appeals