ARMED SERVICES BOARD OF CONTRACT APPEALS 

Appeals of -- ) 

) 

BAE Systems Tactical Vehicle Systems LP ) 

) 

Under Contract No. W56HZV-08-C-0460 ) 

APPEARANCES FOR THE APPELLANT: 

APPEARANCES FOR THE GOVERNMENT: 

ASBCA Nos. 59491, 60433 

David Z. Bodenheimer, Esq. 

Brian Tully McLaughlin, Esq. 

Skye Mathieson, Esq. 

Crowell & Moring LLP 

Washington, DC 

Raymond M. Saunders, Esq. 

Army Chief Trial Attorney 

CPT Harry M. Parent III, JA 

Robert B. Neill, Esq. 

Trial Attorneys 

OPINION BY ADMINISTRATIVE JUDGE O'SULLIVAN ON THE 

GOVERNMENT'S MOTION TO DISMISS APPEALS AS MOOT 

Appellant, BAE Systems Tactical Vehicle Systems LP (BAE TVS) appealed 

from a contracting officer's final decision claiming that BAE TVS provided defective 

cost or pricing data in 2008 negotiations to definitize a contract award for tactical 

vehicles and seeking the amount of$56,386,953, net of accepted offsets (ASBCA 

No. 59491). BAE TVS also appealed from the contracting officer's deemed denial of 

its revised offset proposal (ASBCA No. 60433). On 25 July 2016, the Board denied the 

government's motion for an indefinite stay of proceedings pending resolution of a related 

False Claims Act case filed in federal district court for the Eastern District of Michigan. 

BAE Systems Tactical Vehicle Systems LP, ASBCA Nos. 59491, 60433, 16-1 BCA 

ii 36,450. Familiarity with that decision is presumed. 

On 17 November 2016 the contracting officer unequivocally rescinded her final 

decision finding defective pricing, in its entirety, and disclaimed any intention on the part 

of the government to issue a new final decision. Thereafter, the government filed the 

pending motion seeking to have both appeals dismissed as moot. Appellant does not 

oppose the government's motion. 
DECISION 

Where a contracting officer unequivocally rescinds a government claim and the 

final decision asserting that claim, with no evidence that the action was taken in bad faith, 

there is no longer any claim before the Board to adjudicate. The government's voluntary 

action moots the appeal, leaving the Board without jurisdiction to entertain the appeal 

further. Combat Support Associates, ASBCA Nos. 58945, 58946, 16-1BCA,-i36,288 at 

176,973, and cases cited therein. 

Here, the contracting officer unequivocally rescinded the final decision asserting 

the government claim that is the subject of these appeals, stating expressly: 

The government claim asserted in references (a) and 

(b) [PCO 11 June 2014 Demand letter, Final Decision, and 

DCAA Audit Report dated 15 July 2014] and the Final 

Decision in reference (b) are hereby unequivocally and 

entirely rescinded. The Government has no intention of 

issuing a new Final Decision from those references. 

(Gov't mot. to dismiss, ex. 1) Thus, the government has voluntarily provided the 

relief sought in these appeals and there is no suggestion that the rescission is in bad faith. 

Additionally, offsets are allowed to the extent of overstatements only, Cutler-Hammer, 

Inc. v. United States, 416 F.2d 1306, 1312 (Ct. Cl. 1969), thus the offsets raised in 

ASBCA No. 60433 are mooted as well by the rescission of the final decision. 

For the reasons above, the appeals are dismissed as moot. Dismissal of an appeal 

as moot after rescission of a government claim is not a determination on the merits. 

Combat Support Associates, 16-1BCA,-i36,288 at 176,973; Lasmer Industries, Inc., 

ASBCA No. 56411, 10-2 BCA ,-i 34,491 at 170, 123. 

Dated: 5 December 2016 

(Signatures continued) 

2 

. / ;":!~ LYN~LLJVAN Administrative Judge 

Armed Services Board 

of Contract Appeals 
I concur I concur 

~~./¢-~ RJC~EFORD Administrative Judge Administrative Judge 

Acting Chairman Vice Chairman 

Armed Services Board Armed Services Board 

of Contract Appeals 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 Nos. 59491, 60433, Appeals of 

BAE Systems Tactical Vehicle Systems LP, rendered in conformance with the Board's 

Charter. 

Dated: 

3 

JEFFREY D. GARDIN 

Recorder, Armed Services 

Board of Contract Appeals