ARMED SERVICES BOARD OF CONTRACT APPEALS
Appeal of -- )
)
Northrop Grumman Corporation ) ASBCA No. 61771
)
Under Contract No. F04701-02-C-0009 et al. )
APPEARANCES FOR THE APPELLANT: Stephen J. McBrady, Esq.
Charles Baek, Esq.
Crowell & Moring LLP
Washington, DC
APPEARANCES FOR THE GOVERNMENT: Arthur M. Taylor, Esq.
DCMA Chief Trial Attorney
Carol Matsunaga, Esq.
Senior Trial Attorney
Defense Contract Management Agency
Carson, CA
OPINION BY ADMINISTRATIVE JUDGE THRASHER
By letter dated June 19, 2018, a contracting officer issued a final decision,
asserting a government claim against appellant. Appellant filed a timely notice of appeal
on August 27, 2018. Subsequently, the parties jointly requested the appeal be dismissed,
asserting that the contracting officer's final decision had been rescinded.
Where a contracting officer unequivocally rescinds a final decision asserting a
government claim, there is no longer any claim before the Board to adjudicate, and the
Board has dismissed the appeal as moot. URS Federal Support Servs., Inc., ASBCA
No. 60364, 17-1BCA136,587 at 178,204; Combat Support Assocs., ASBCA
Nos. 58945, 58946, 16-1BCA136,288 at 176,974. Accordingly, the appeal is dismissed
as moot.
Dated: September 27, 2019
ministrative Judge
hairman
Armed Services Board
of Contract Appeals
(Signatures continued)
I concur
J.REIDPUTY OWEN C. WILSON
Administrative Judge Administrative Judge
Vice 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 No. 61771, Appeal of Northrop
Grumman Corporation, rendered in conformance with the Board's Charter.
Dated:
PAULLA K. GATES-LEWIS
Recorder, Armed Services
Board of Contract Appeals
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