A breach of contract claim filed more than twelve months after the government's default termination decision was not barred by the statute of limitations, according to the Court of Federal Claims, because the claim was not an appeal of the termination decision, but of the contracting officer's denial of the contractor's breach claim. The government, which engaged the contractor to provide prosthetic and orthotic services to military veterans, moved to dismiss the contractor's complaint for lack of subject matter jurisdiction, arguing the contractor's claims, which were filed more than twelve months after the default termination, were time barred. The contractor had appealed the termination decision, but the court had dismissed the contractor's breach of contract claim without prejudice to allow the contractor an opportunity to certify the claim and submit it to the CO for a final decision (52 CCF ¶78,984).