UCI Services Group, Inc., ASBCA No. 60792

UCI Services Group, Inc. (appellant, represented pro se by CEO David Isham) appealed a contracting officer’s final decision to the ASBCA on Sept 9, 2016.
The government’s Rule 4 file lacked a signed certification of appellant’s claim; government counsel confirmed no signed certification existed.
The Board notified parties that a signed claim certification is required for jurisdiction; appellant subsequently provided a June 13, 2016 letter it claimed certified the claim, but its prior submission status was unclear.
Appellant repeatedly asked to withdraw the appeal without prejudice, stating lack of resources to pursue it; the government initially said it did not object to withdrawal without prejudice but later (ambiguously) sought dismissal with prejudice.
The government later filed a motion to dismiss for lack of jurisdiction for failure to submit a certified claim (which, if granted, would produce dismissal without prejudice); appellant did not oppose the government motion.
The Board granted appellant’s motion to withdraw and dismissed the appeal without prejudice; the government’s motion to dismiss for lack of jurisdiction was denied as moot.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the appeal should be dismissed at appellant’s request without prejudice	Isham sought voluntary withdrawal of the appeal without prejudice due to lack of resources and repeatedly requested dismissal without prejudice	Government did not oppose dismissal but expressed a preference (and later a request) for dismissal with prejudice; no principled opposition presented	Granted: appeal dismissed without prejudice per appellant’s motion
Whether dismissal for lack of a certified claim should be with prejudice	N/A (appellant sought non-prejudicial withdrawal)	Government later moved to dismiss for lack of jurisdiction; initially sought prejudice but offered no legal basis for prejudice	Board noted dismissal for lack of jurisdiction results in dismissal without prejudice; government motion denied as moot

None (the opinion cites ASBCA/BCA decisions without official reporter citations).