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Contractor’s Appeal of Final Decision is Timely, ASBCA Rules

Posted on November 29th, 2013 by

Contractor’s claim under Contracts Disputes Act is timely even though not filed at Armed Services Board of Contract Appeals within 90 days after issuance of the Contracting Officer’s Final Decision. Generally speaking, if a contractor does not appeal within 90 days after issuance of a Contracting Officer’s Final Decision, it is out of time. However, the appeal would still be timely if the contractor can establish that it relied upon actions of the government that “actually prejudiced its ability to prosecute its timely appeal.” Applying this standard, the ASBCA gave the Contractor more time because the Air Force failed to apprise the contractor of its appeal rights and led the contractor to believe that the Contracting Officer’s Final Decision would be reconsidered.


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