Steve McBradySkye Mathieson

In Appeals of LRV Environmental, Inc., the ASBCA considered the issue of whether or not the Government’s “reconsideration” of a contracting officer’s final decision acts to re-set the 90-day clock for jurisdictional purposes under the CDA.  In LRV, the CO issued a final decision, and subsequently reconsidered a portion of that decision, leading the Board to conclude that “the decision was not truly final” and that “[w]hile there are no procedures set forth in the CDA for reconsideration of a decision, it is a well established principle that an administrative agency may reconsider its own decisions,” so the contractor’s 90-day appeal window as to the reconsidered claim runs from the latter decision.

 

(This post is part of the Claims series on the Government Contracts Legal Forum – have a question or an idea for a future topic? E-mail us at smcbrady@crowell.com and smathieson@crowell.com.)