ASBCA 63233

ARMED SERVICES BOARD OF CONTRACT APPEALS Appeal of - ) ) PAE Applied Technologies LLC ) ASBCA No. 63233 ) Under Contract No. N66604-05-C-1277 ) APPEARANCES FOR THE APPELLANT: Nicole J. Owren-Wiest, Esq. Erin N. Rankin, Esq. Catherine O. Shames, Esq. Crowell & Moring LLP Washington, DC APPEARANCES FOR THE GOVERNMENT: Craig D. Jensen, Esq. Navy Chief Trial Attorney Devin A. Wolak, Esq. Trial Attorney OPINION BY ADMINISTRATIVE JUDGE TAYLOR On March 2, 2022, a Department of the Navy (Navy or government) contracting officer issued a claim demanding payment from PAE Applied Technologies LLC (PAE) for the reimbursement of certain previously billed and paid costs. PAE appealed the Navy’s claim to the Board. By motion dated December 19, 2023, the parties jointly requested the Board dismiss the appeal with prejudice since the contracting officer unequivocally withdrew the government’s demand and indicated she does not intend to further pursue the disallowance of the costs that are the subject of this appeal. In support of their motion, the parties included the contracting officer’s Declaration in which she indicated she had “reconsidered the position stated in the Demand Letter” and her withdrawal of the demand letter is “unequivocal.” “It is well established that when 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 dba 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: December 26, 2023 ARTHUR M. TAYLOR Administrative Judge Armed Services Board of Contract Appeals (Signatures continued)  I concur I concur OWEN C. WILSON MICHAEL N. O’CONNELL Administrative Judge Administrative Judge Acting Chairman Acting 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. 63233, Appeal of PAE Applied Technologies LLC, rendered in conformance with the Board’s Charter. Dated: December 26, 2023 PAULLA K. GATES-LEWIS Recorder, Armed Services Board of Contract Appeals 2