CBCA 6914

DISMISSED FOR LACK OF JURISDICTION: February 24, 2021 CBCA 6914 MUBASHIR ALI, Appellant, v. AGENCY FOR GLOBAL MEDIA, Respondent. Theodore P. Watson and Jo Spence of Watson & Associates LLC, Aurora, CO, counsel for Appellant. Maryellen Righi and James McLaren, Office of the General Counsel, Agency for Global Media, Washington, DC, counsel for Respondent. Before Board Judges SULLIVAN, LESTER, and CHADWICK. SULLIVAN, Board Judge. Mubashir Ali (appellant) appealed the decision of the contracting officer for the Agency for Global Media (AGM) terminating his personal services contract for default. The contracting officer has withdrawn that default termination and replaced it with a termination for convenience. AGM moves to dismiss the appeal for lack of jurisdiction because the dispute is moot. Appellant opposes the motion, arguing that the matter has not been resolved so that the Board retains jurisdiction. Because there is no further relief we could provide, we grant the motion and dismiss the appeal. CBCA 6914 2 Background In August 2020, the AGM contracting officer issued a decision terminating appellant’s personal services contract for default, asserting that he had violated agency policy and journalistic codes. Appellant timely appealed the decision to the Board. In December 2020, AGM requested that the Board stay proceedings until February to allow the parties to discuss how to resolve their dispute. By letter dated February 5, 2021, the contracting officer advised appellant that the agency had decided to convert the default termination into a termination for convenience. The effective date for the termination for convenience was the date of the default termination. The contracting officer withdrew his decision asserting the termination for default. The contracting officer requested that appellant acknowledge receipt of the notice that the agency had converted the termination to one of convenience. Discussion The contracting officer has withdrawn the default termination that appellant appealed and replaced it with a termination for convenience. The withdrawal of the termination for default is irrevocable. Avue Technologies Corp. v. Agency for Global Media, CBCA 6752, et al., 20-1 BCA ¶ 37,639. Conversion of the default termination to a termination for convenience is the only relief that the Board could have granted in the appeal. Universal Home Health & Industrial Supplies, Inc. v. Department of Veterans Affairs, CBCA 4012, et al., 16-1 BCA ¶ 36,370. With this conversion, there is no remaining dispute that the Board has jurisdiction to address. Avue Technologies; H.H. Christian Co., AGBCA 82-120-1, 83-1 BCA ¶ 16,335. Appellant opposes the motion to dismiss because the contracting officer converted the termination unilaterally without appellant’s agreement to the terms. The contracting officer does not need the contractor’s permission to terminate a contract for convenience, but may do so through unilateral action. Boarhog LLC v. United States, 129 Fed. Cl. 130, 135 (2016). Because the default termination has been converted to one for convenience, appellant may submit a termination settlement proposal that can become the basis for a settlement between the contractor and the agency for any monies due and owing. 48 CFR 49.104(h) (2019) (Federal Acquisition Regulation (FAR) 49.104(h)). No such proposal has been presented to the agency. The Board cannot take jurisdiction over any such request for monies until after a settlement proposal has been presented and ripened into a claim that the contracting officer has decided, and a new appeal filed. 41 U.S.C. § 7104(a) (2018); 1-A Construction & Fire, LLP v. Department of Agriculture, CBCA 2693, 15-1 BCA ¶ 35,913. CBCA 6914 3 Appellant asserts that the dispute remains because in the termination for convenience the agency again alleged that appellant violated the agency’s best practices guide. Yet, appellant has neither alleged that the original termination was issued with the type of bad faith that might preclude conversion of the termination into one for convenience, see J.R. Mannes Government Services Corp. v. Department of Justice, CBCA 5638, 17-1 BCA ¶ 36,911, nor submitted a monetary claim seeking damages for any bad faith breach.