ARMED SERVICES BOARD OF CONTRACT APPEALS Appeal of

-- ) ) DCX-CHOL Enterprises, Inc. ) ) Under ContractNos. SPM4A4-11-V-4143 ) SPM4A6-11-C-008l ) APPEARANCE FORTHE APPELLANT:

APPEARANCES FORTHE GOVERNMENT: ASBCA No. 60782

Mr. Brian Gamberg

Executive Vice President Daniel K. Poling, Esq.

DLA ChiefTrial Attorney Edward R. Murray, Esq. Elan D. Taylor, Esq.

Trial Attorneys DLAAviation Richmond, VA OPINION BYADMINISTRATIVE JUDGE MCILMAIL ON THE GOVERNMENT'S MOTIONTO DISMISS FORLACK OF JURISDICTION Appellant, DCX-CHOL Enterprises, Inc. (DCX-CHOL), appealed from a government demand for payment of$59,590 for alleged defective cable assemblies. The governmentrescindedthe demand for payment and requested dismissal ofthis appeal for lack of jurisdiction. DCX-CHOL failed to respond to the government's motion. We dismiss this appeal as moot. STATEMENT OF FACTS (SOF) FORPURPOSES OF THE MOTION 1. By letters dated 26 July 2016, the contracting officer (CO) notified DCX-CHOL that there were two deficiencies with the cable assemblies DCX-CHOLprovided under order SPM4A4-ll-V-4143 and eleven deficiencies with the cable assemblies DCX-CHOL provided under order SPM4A6-ll-C-008l (gov'tmot., exs. B, C). 2. By letter dated 23 August 2016, the CO made a demand for payment in the amount of$59,590 for the cable assemblies deficiencies listed in the letters dated 26 July 2016 (gov't mot., ex. D). 3. On 23 August 2016, DCX-CHOL filed its appeal from the demand for payment. 4. By letter dated 16 September2016, the CO rescinded the demand for payment and stated that "weno longer intend to pursue this claim" and that the letterdoes not "require any further action from DCX-Chol" (gov't mot., ex. E). The CO requested DCX-CHOL to withdraw its appeal but stated that rescission was not contingent on withdrawal ofthe appeal (id.). DISCUSSION When a CO unequivocally rescinds a government claim and the final decision asserting that claim, with no evidence that action was taken in bad faith, that voluntary action moots the appeal and leaves us withoutjurisdictionto entertain the appeal any further. CombatSupportAssociates, ASBCANos. 58945, 58946, 16-1 BCA

### ii 36,288 at 176,973 (dismissing an appeal as moot wherethe CO rescinded the final decisions asserting the government claims); KAMP Systems, Inc., ASBCANo. 54253, 09-2 BCA 

### ii 34, 196 at 168,995 (the CO stated there was no intention to issue a new decision). That is the case here. The CO unequivocally rescinded the demand for payment that is the subject ofthis appeal and stated that the government no longer intends to pursue the matter (SOF 

### ii 4). While the CO included language asking DCX-CHOL to withdraw its appeal, the action torescind the demand for paymentwas not contingent onwithdrawal ofthe appeal (id.). There is no evidence thatthe rescission was taken in bad faith. Therefore, the CO'svoluntary action moots the appeal and leaves us with nothing to adjudicate. CONCLUSION Forthese reasons, the appeal is dismissed as moot. Dated: 15 March 2017

I concur

MA Administrative Judge Acting Chairman Armed Services Board ofContract Appeals 2 Administrative Judge Armed Services Board ofContractAppeals

RICHARD SHACKLEFORD Administrative Judge Vice Chairman Armed Services Board ofContractAppealsI certify that the foregoing is a true copy ofthe Opinion and Decision ofthe Armed Services Board ofContractAppeals in ASBCA No. 60782, Appeal ofDCX-CHOL Enterprises, Inc., rendered in conformance with the Board's Charter. Dated:

3 JEFFREY D. GARDIN Recorder, Armed Services Board ofContract Appeals