ARMED SERVICES BOARD OF CONTRACT APPEALS 

Appeal of -- ) 

) 

DCX-CHOL Enterprises, Inc. ) 

) 

Under Contract Nos. SPM4A4-11-V-4143 ) 

SPM4A6-11-C-008 l ) 

APPEARANCE FOR THE APPELLANT: 

APPEARANCES FOR THE GOVERNMENT: 

ASBCA No. 60782 

Mr. Brian Gamberg 

Executive Vice President 

Daniel K. Poling, Esq. 

DLA Chief Trial Attorney 

Edward R. Murray, Esq. 

Elan D. Taylor, Esq. 

Trial Attorneys 

DLA Aviation 

Richmond, VA 

OPINION BY ADMINISTRATIVE JUDGE MCILMAIL ON THE 

GOVERNMENT'S MOTION TO DISMISS FOR LACK 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 

government rescinded the demand for payment and requested dismissal of this appeal 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) FOR PURPOSES 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-CHOL provided under 

order SPM4A4-l l-V-4143 and eleven deficiencies with the cable assemblies DCX-CHOL 

provided under order SPM4A6-l l-C-008 l (gov't mot., 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 By letter dated 16 September 2016, the CO rescinded the demand for 

payment and stated that "we no longer intend to pursue this claim" and that the letter 
does 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 of the 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 without jurisdiction to entertain the appeal any 

further. Combat Support Associates, ASBCA Nos. 58945, 58946, 16-1 BCA ii 36,288 

at 176,973 (dismissing an appeal as moot where the CO rescinded the final decisions 

asserting the government claims); KAMP Systems, Inc., ASBCA No. 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 of this 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 to rescind the demand for payment was not contingent 

on withdrawal of the appeal (id.). There is no evidence that the rescission was taken in 

bad faith. Therefore, the CO's voluntary action moots the appeal and leaves us with 

nothing to adjudicate. 

CONCLUSION 

For these reasons, the appeal is dismissed as moot. 

Dated: 15 March 2017 

I concur 

MA 

Administrative Judge 

Acting Chairman 

Armed Services Board 

of Contract Appeals 

2 

Administrative Judge 

Armed Services Board 

of Contract Appeals 

RICHARD SHACKLEFORD 

Administrative Judge 

Vice Chairman 

Armed Services Board 

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 No. 60782, Appeal ofDCX-CHOL 

Enterprises, Inc., rendered in conformance with the Board's Charter. 

Dated: 

3 

JEFFREY D. GARDIN 

Recorder, Armed Services 

Board of Contract Appeals