Although a board of contract appeals cannot waive the statutory appeal period, a CO's decision is not truly "final" if it is being reconsidered, as reconsideration keeps the matter open and vitiates any finality the decision had. In the instant appeal, the record supported the contractor's position that it reasonably believed the decision was being reconsidered. The CO's decision clearly indicated he was willing to continue negotiating to reach a settlement and the parties engaged in multiple communications and meetings during the appeal period in an effort to resolve the dispute. Also, the CO did not inform the contractor that the original decision spelled out the contractor's appeal rights until two months after the contractor received the decision. Such a statement does not indicate the original appeal period is continuing to run, or that the CO has not reconsidered his decision since that time. Accordingly, the finality of the decision was vitiated until at least that time, which made the contractor's appeal timely. (Devi Plaza, LLC, CBCA, ¶92,467)
(The news featured above is a selection from the news covered in the Government Contracts Report Letter, which is published weekly and distributed to subscribers of the Government Contracts Reporter. )