It's About Time: JAF Supply, Inc., CBCA 6934, November 16, 2020

[Moderator]

See the CBCA dispute: JAF Supply, Inc., CBCA 6934, November 16, 2020.

Quote

Although the untimely filing precludes the Board’s jurisdiction, an untimely appeal to the Board does not preclude JAF from filing a timely suit in the U.S. Court of Federal Claims. Tasunke Witco Owayawa (Crazy Horse School) v. Department of the Interior, CBCA 2381-ISDA, 11-2 BCA ¶ 34,810 (citing GEO-Imaging Consulting, Inc. v. Environmental Protection Agency, CBCA 1712, 10-1 BCA ¶ 34,318 (2009)).

 

[joel hoffman]

11 hours ago, bob7947 said:

See the CBCA dispute: JAF Supply, Inc., CBCA 6934, November 16, 2020.

 

The Contracting Officer’s decision should have also included language substantially as follows, per FAR 33.211(a) (4)(v):

“...Instead of appealing to the agency board of contract appeals, you may bring an action directly in the United States Court of Federal Claims within 12 months of the date you receive this decision.”

Since the Civilian Board of Contract Appeals has no jurisdiction here, there is effectively no appeal per se.

The contractor may then bring an action to the US Court of Federal Claims. 

[Moderator]

Joel:

Let's stretch this out further and add something more to the Briefing Papers which explains the process.  On it's p. 3, the Paper mention's there are 3 BCAs.  I know of a 4th - GAO's Contract Appeals Board.  

[joel hoffman]

22 hours ago, bob7947 said:

Joel:

Let's stretch this out further and add something more to the Briefing Papers which explains the process.  On it's p. 3, the Paper mention's there are 3 BCAs.  I know of a 4th - GAO's Contract Appeals Board.  

I’m in the process of reading it but it is over 50 pages thick! I used to subscribe to Briefing Papers. Don’t remember one this thick 🤠

[Moderator]

Joel:

There are nearly 500 footnotes too.  Maybe Briefing Papers should rename it to Detailed Tome.