Appeal is Timely When Government Cannot Prove the Date Contractor Received Final Decision; ASBCA No. 60308, Appeal of Military Aircraft Parts
Motion to dismiss appeals of denied claims related to a terminated contract and purchase order is granted in part, where the appellant filed its appeal challenging the termination of its contract more than 2 years after the termination date, and denied in part, where the government cannot demonstrate when or if the contractor received a final decision regarding its claim against a purchase order issued under the contract, and therefore the appeal must be considered timely.
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