Failure of Agency to Conduct Required Reviews During Contract Performance Could Render Claims Timely; CBCA 4410, ThinkGlobal Inc. v. Department of Commerce
Request for reconsideration of a dismissal of an appeal for failure to state a claim upon which relief could be granted is granted in part, where the appellant plausibly alleged the agency had an ongoing responsibility to conduct semi-annual reviews during contract performance, but failed to do so, and therefore this claim accrued at the end of the contract performance period and was not time-barred, and where the end of contract performance was not clear-cut and therefore the appellant is provided the opportunity to demonstrate the agency exercised options on the contract; and denied in part, where the contract language did not require the agency to introduce the contractor to other agencies or strategic business partners to promote other opportunities for the appellant.
