Valiant Integrated Services, LLC

• Court: Armed Services Board of Contract Appeals
• Decided: April 7, 2023
• Docket: 63117
• Status: Published

Opinion

ARMED SERVICES BOARD OF CONTRACT APPEALS

Appeal of - ) ) Valiant Integrated Services, LLC ) ASBCA No. 63117 ) Under Contract No. W911W4-11-D-0006 et al. )

APPEARANCES FOR THE APPELLANT: Edmund M. Amorosi, Esq. Kathryn T. Muldoon Griffin, Esq. Haynes and Boone, LLP Tysons, VA

APPEARANCES FOR THE GOVERNMENT: Samuel W. Morris, Esq. DCMA Chief Trial Attorney Srikanti Schaffner, Esq. Trial Attorney Defense Contract Management Agency Carson, CA

OPINION BY ADMINISTRATIVE JUDGE THRASHER

The contracting officer’s determination of noncompliance with a cost accounting standard from which this appeal is taken has been withdrawn; the contracting officer stated that they “have determined the cost impact was immaterial.” By motion dated March 31, 2023, the government moves to dismiss this appeal with prejudice since the contracting officer withdrew its final decision dated September 30, 2021. The government states that it “has no intention of issuing another final decision with the same determinations as the September 30, 2021 Final Determination for the period of July 2016 to December 2021.” The government asserts that this appeal is now moot. Appellant does not oppose the government’s motion. “[W]hen a contracting officer unequivocally rescinds a government claim, the government’s action moots the appeal, leaving the Board without jurisdiction to entertain the appeal further.” Scot Cardillo d.b.a. Eng’rs Tooling Support, ASBCA No. 62051, 22-1 BCA ¶ 38,153 at 185,297 (citations omitted). Accordingly, the appeal is dismissed as moot.

Dated: April 7, 2023

JOHN J. THRASHER Administrative Judge Chairman Armed Services Board of Contract Appeals

I concur I concur

RICHARD SHACKLEFORD 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. 63117, Appeal of Valiant Integrated Services, LLC, rendered in conformance with the Board’s Charter.

PAULLA K. GATES-LEWIS Recorder, Armed Services Board of Contract Appeals