Gilbane Federal
CourtArmed Services Board of Contract Appeals
Date FiledJuly 1, 2026
Docket63702, 63717, 63755, 64409, 64410
JudgeWilson
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
ARMED SERVICES BOARD OF CONTRACT APPEALS
Appeals of - )
)
Gilbane Federal ) ASBCA Nos. 63702, 63717, 63755
) 64409, 64410
)
Under Contract No. W912HN-18-C-3009 )
APPEARANCES FOR THE APPELLANT: Tyler P. Scarbrough, Esq.
Christopher J. Olsen, Esq.
Henner & Scarbrough LLP
Atlanta, GA
APPEARANCES FOR THE GOVERNMENT: Michael P. Goodman, Esq.
Engineer Chief Trial Attorney
Allie E. Vandivier, Esq.
Orion D. Ray, Esq.
Engineer Trial Attorneys
U.S. Army Engineer District, Savannah
ORDER OF DISMISSAL
By letter dated December 4, 2025, appellant appealed a contracting officer’s final
decision dated September 8, 2025 asserting an affirmative claim for a latent defect. The
Board docketed that appeal as ASBCA No. 64410.
On March 18, 2026, the government moved to dismiss ASBCA No. 64410 as
moot because on March 13, 2026, the contracting officer rescinded her final decision.
By email to the government dated March 13, 2026, appellant stated it did not intend to
oppose dismissal of this appeal.
“When a contracting officer rescinds a government claim and the final decision
asserting that claim, the voluntary action moots the appeal, leaving the Board without
jurisdiction to entertain the appeal any further.” URS Fed. Support Servs., Inc., ASBCA
No. 60364, 17-1 BCA ¶ 36,587 at 178,024 (citing Combat Support Assocs., ASBCA
Nos. 58945, 58946, 16-1 BCA ¶ 36,288 at 176,974 and L-3 Commc’ns Integrated Sys.,
L.P., ASBCA Nos. 60431, 60432, 16-1 BCA ¶ 36,362 at 177,253). Accordingly,
ASBCA No. 64410 is dismissed as moot.
Dated: July 1, 2026
OWEN C. WILSON
Administrative Judge
Chairman
Armed Services Board
of Contract Appeals
I concur I concur
J. REID PROUTY STEPHANIE CATES-HARMAN
Administrative Judge Administrative Judge
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 Order of Dismissal of the Armed
Services Board of Contract Appeals in ASBCA Nos. 63702, 63717, 63755, 64409,
64410, Appeals of Gilbane Federal, rendered in conformance with the Board’s Charter.
Dated: July 1, 2026
PAULLA K. GATES-LEWIS
Recorder, Armed Services
Board of Contract Appeals
2