The government moved to dismiss the appellant's claim for failure to file within the 90-day window. The appellant responded it was unable to respond due to becoming ill and requiring an emergency operation. ASBCA ruled the window was statutory and could not be waived or extended.
Appeal of Logistics and Rental Car SARL, ASBCA No. 63950
- Context - The government sought to dismiss the appellant's claim for lack of jurisdiction. It argued the appellant failed to timely file pursuant the 90-day limitation from 41 U.S.C. § 7104. Allegedly, the appellant filed its appeal 481 days beyond its receipt of the contracting officer's final decision. The appellant responded he was unable to file a timely appeal because he became ill and had an emergency operation.
- Decision - The 90-day window is statutory and cannot be waived or extended. The government had the burden of proof to show the final decision was received. Although evidence of a sent email is usually insufficient, this case had additional facts. Firstly, the appellant did not allege it received the final decision on a different date. Next, the appellant responded to the email proving receipt of the final decision. Thus, ASBCA dismissed the appeal.
The president Mr. Mohamed Ahmed Youssouf appeared for the appellant. Allison M. McDade, John W. Torresala, and Tony J. Miller of the Navy appeared for the government.
-- Case summary by Joshua Lim, Assistant Editor.