DISMISSED FOR LACK OF JURISDICTION: February 24, 2021
CBCA 6914
MUBASHIR ALI,
Appellant,
v.
AGENCY FOR GLOBAL MEDIA,
Respondent.
Theodore P. Watson and Jo Spence of Watson & Associates LLC, Aurora, CO,
counsel for Appellant.
Maryellen Righi and James McLaren, Office of the General Counsel, Agency for
Global Media, Washington, DC, counsel for Respondent.
Before Board Judges SULLIVAN, LESTER, and CHADWICK.
SULLIVAN, Board Judge.
Mubashir Ali (appellant) appealed the decision of the contracting officer for the
Agency for Global Media (AGM) terminating his personal services contract for default.  The
contracting officer has withdrawn that default termination and replaced it with a termination
for convenience.  AGM moves to dismiss the appeal for lack of jurisdiction because the
dispute is moot.  Appellant opposes the motion, arguing that the matter has not been resolved
so that the Board retains jurisdiction.  Because there is no further relief we could provide, we
grant the motion and dismiss the appeal.


CBCA 6914 2
Background
In August 2020, the AGM contracting officer issued a decision terminating appellant’s
personal services contract for default, asserting that he had violated agency policy and
journalistic codes.  Appellant timely appealed the decision to the Board.  In December 2020,
AGM requested that the Board stay proceedings until February to allow the parties to discuss
how to resolve their dispute.
By letter dated February 5, 2021, the contracting officer advised appellant that the
agency had decided to convert the default termination into a termination for convenience. 
The effective date for the termination for convenience was the date of the default
termination.  The contracting officer withdrew his decision asserting the termination for
default.  The contracting officer requested that appellant acknowledge receipt of the notice
that the agency had converted the termination to one of convenience. 
Discussion
The contracting officer has withdrawn the default termination that appellant appealed
and replaced it with a termination for convenience.  The withdrawal of the termination for
default is irrevocable.  Avue Technologies Corp. v. Agency for Global Media, CBCA 6752,
et al., 20-1 BCA ¶ 37,639.  Conversion of the default termination to a termination for
convenience is the only relief that the Board could have granted in the appeal.  Universal
Home Health & Industrial Supplies, Inc. v. Department of Veterans Affairs, CBCA 4012, et
al., 16-1 BCA ¶ 36,370.  With this conversion, there is no remaining dispute that the Board
has jurisdiction to address.  Avue Technologies; H.H. Christian Co., AGBCA 82-120-1, 83-1
BCA ¶ 16,335.
Appellant opposes the motion to dismiss because the contracting officer converted the
termination unilaterally without appellant’s agreement to the terms.  The contracting officer
does not need the contractor’s permission to terminate a contract for convenience, but may
do so through unilateral action.  Boarhog LLC v. United States, 129 Fed. Cl. 130, 135 (2016). 
Because the default termination has been converted to one for convenience, appellant may
submit a termination settlement proposal that can become the basis for a settlement between
the contractor and the agency for any monies due and owing.  48 CFR 49.104(h) (2019)
(Federal Acquisition Regulation (FAR) 49.104(h)).  No such proposal has been presented to
the agency.  The Board cannot take jurisdiction over any such request for monies until after
a settlement proposal has been presented and ripened into a claim that the contracting officer
has decided, and a new appeal filed.  41 U.S.C. § 7104(a) (2018); 1-A Construction & Fire,
LLP v. Department of Agriculture, CBCA 2693, 15-1 BCA ¶ 35,913.

CBCA 6914 3
Appellant asserts that the dispute remains because in the termination for convenience
the agency again alleged that appellant violated the agency’s best practices guide.  Yet,
appellant has neither alleged that the original termination was issued with the type of bad
faith that might preclude conversion of the termination into one for convenience, see J.R.
Mannes Government Services Corp. v. Department of Justice, CBCA 5638, 17-1 BCA
¶ 36,911, nor submitted a monetary claim seeking damages for any bad faith breach.  Absent
such a claim, the Board lacks jurisdiction to address appellant’s challenge to the agency’s
basis for the original termination.
Appellant also asserts that the contracting officer improperly sought appellant’s
agreement to the convenience termination.  Rather than seeking appellant’s agreement, the
contracting officer simply requested that appellant acknowledge receipt of the notice, as
required by regulation.  FAR 49.601-1.
Finally, appellant requests that the Board grant a further extension of the current
deadlines to allow the parties to continue to discuss the possibility of settlement and warns
that the Board should not favor one party over another in settlement discussions.  While the
Board understands that appellant would like the appeal to remain pending while the parties
continue to discuss resolution of this matter, the conversion of the default termination to one
for convenience rendered this appeal moot, which eliminates the Board’s jurisdiction to
continue this appeal.  Avue Technologies.  “Once we are aware that we lack jurisdiction to
entertain an appeal, we have ‘no other recourse but to dispose of the case by dismiss[ing]’
it based upon the jurisdictional defect.”  Duke University v. Department of Health & Human
Services, CBCA 5992, 18-1 BCA ¶ 37,023 (quoting Rex Systems Inc. v. United States, No.
92-411C, 1993 WL 13726058, at *3 (Fed. Cl. Dec. 13, 1993), appeal dismissed, 41 F.3d
1517 (Fed. Cir. 1994) (table)).  In response to a motion to dismiss for lack of jurisdiction, we
lack authority to hold onto this appeal despite one party’s desire to pursue settlement.
Decision
The appeal is DISMISSED FOR LACK OF JURISDICTION.
   Marian E. Sullivan          
MARIAN E. SULLIVAN
Board Judge

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We concur:
    Harold D. Lester, Jr.           Kyle Chadwick               
HAROLD D. LESTER, JR. KYLE CHADWICK
Board Judge Board Judge