NAFI Contractor Goes Straight to Court When CO Fails to Issue Final Decision

January 24, 2012

In SUFI Network Servs., Inc, v. U.S. (Jan.17, 2012), the Court of Federal Claims denied the government’s motion to dismiss for lack of jurisdiction, relying on the Federal Circuit’s decision in Slattery v. U.S., 635 F.2d 1298, 1321 (Fed. Cir. 2011) (en banc), that the court has Tucker Act jurisdiction over all NAFI disputes. The court also found, in this non-CDA matter, that the CO had materially breached the contract’s Disputes clause by failing to provide a final decision on SUFI’s claim within a reasonable time, excusing SUFI from going to the board first, as the clause specified.

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