CASES/DECISIONS-Board Affirms Rule on Timeliness of Appeals When 90th Day Falls on Sunday
When the contractor’s appeal of a government final decision was received on Monday, 91 days after the contractor received the final decision, the government argued it was late because the appeal was not received within the 90 day limit. The government claimed the Contract Disputes Act clearly establishes a 90 day period and that accepting an appeal after that impermissibly expands the statutory period. The appeals board, citing Wood-Ivey Sys. Corp, (Fed Cir 961), disagreed ruling that receipt of the board appeal on the 91st day is timely when the 90th day falls on a Saturday, Sunday or holiday (DLT Solutions Inc. ASBCA No. 55822).
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