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Contractor Gets "Second Bite" When Final Decision Reconsidered

August 3, 2015

In LRV Envtl., Inc. (July 14, 2015), the ASBCA found that "reconsideration" of a CO's final decision resets the 90-day clock for a CDA appeal. The CO had issued a final decision, but subsequently reconsidered a portion of it on its own motion, leading the board to conclude that "the decision was not truly final" prior to the reconsideration and so the contractor's 90-day appeal window ran from the latter decision.

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Stephen J. McBrady
Partner – Washington, D.C.
Phone: +1.202.624.2547
Skye Mathieson
Counsel – Washington, D.C.
Phone: +1.202.624.2606