CBCA 3469

DISMISSED WITH PREJUDICE: August 9, 2016 CBCA 3469, 3476, 3492, 3961 ASP DENVER, LLC, Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Neal J. Sweeney and Tyler P. Scarbrough of Jones Walker, LLP, Atlanta, GA, counsel for Appellant. Lori R. Shapiro and Lesley Uhr, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent. HYATT, Board Judge. ORDER These appeals are of contracting officer decisions denying claims asserted by appellant, ASP Denver, LLC (ASP), under a lease of office space to respondent, the General Services Administration (GSA). The appeals concern charges for the provision of overtime heating, ventilation, and air conditioning services for the leased space. These cases were stayed pending the resolution of an earlier claim, presented in CBCA 2673, raising the same grounds for entitlement, and which the parties agreed would be dispositive of the subject later claims. The Board denied the claim docketed as CBCA 2673. ASP Denver, LLC v. General Services Administration, CBCA 2618, et al., 15-1 BCA ¶ 35,850 (2014). ASP appealed this decision to the Court of Appeals for the Federal Circuit. On June 9, 2016, the Court affirmed the Board’s decision. CBCA 3469, 3476, 3492, 3961 2 On July 6, 2016, the Board issued an order stating its intent to dismiss the remaining appeals pursuant to Rule 12(c) (48 CFR 6101.12(c) (2015)) and providing the opportunity to submit any reasons for opposing the proposed dismissal. Appellant has informed the Board that it has no objection to the dismissal of these dockets. Accordingly, these appeals are DISMISSED WITH PREJUDICE. __________________________________ CATHERINE B. HYATT Board Judge