CBCA 8468

DISMISSED WITH PREJUDICE: May 1, 2026 CBCA 8468 FOUR LLC, Appellant, v. DEPARTMENT OF AGRICULTURE, Respondent. Alexander B. Hastings of Morgan, Lewis & Bockius LLP, Washington, DC; and Clinton Small of Morgan, Lewis & Bockius LLP, Chicago, IL, counsel for Appellant. Elin Dugan, Office of the General Counsel, Department of Agriculture, San Francisco, CA; and Adam Humphries, Office of the General Counsel, Department of Agriculture, Washington, DC, counsel for Respondent. LESTER, Board Judge. ORDER Appellant, Four LLC (Four), seeks damages for breach of contract, alleging that the Department of Agriculture’s Digital Infrastructure Services Center (DISC) breached terms contained in Four’s original quote, which Four contends were incorporated into Four’s task order through a bilateral modification providing that “[t]he attached quote . . . [is] incorporated.” On March 4, 2026, DISC filed a motion to dismiss the appeal. As DISC argued in its motion, and as Four later acknowledged, the quote containing the terms that DISC allegedly breached was not attached to the bilateral modification. Instead, a different document with alternative pricing information but not the terms from the original quote was CBCA 8468 2 attached to the modification. In its briefing on the motion, Four argued that the modification was ambiguous as to what quote was incorporated. Although the parties have completed briefing on DISC’s motion, Four, on April 30, 2026, filed a motion for voluntary dismissal of this appeal. It represented that it has “determined that it is no longer in its best interest to continue prosecution of the claims in this matter” and that it “understands that such dismissal is with prejudice and that Appellant is forfeiting the claims stated in its complaint.” DISC does not oppose Four’s motion. This appeal is DISMISSED WITH PREJUDICE. Harold D. Lester, Jr. HAROLD D. LESTER, JR. Board Judge