A ruling of the Civilian Board of Contract Appeals dismissing contract support cost claims for lack of jurisdiction was reversed and remanded by the Court of Appeals for the Federal Circuit because the board erroneously concluded the Contract Disputes Act's six-year presentment period was not subject to equitable tolling. The contractors were Indian tribes that provided health care services to their members under government contracts authorized by the Indian Self-Determination and Education Assistance Act. The board dismissed the tribes' claims on the ground the claims were not presented to a contracting officer within the time allowed by Section 605(a) the CDA, which states claims against the government "[s]hall be submitted within 6 years after the accrual of the claim" (41 USC 605(a)). The board declined to extend the six-year period in light of equitable considerations, concluding the six-year period was not subject to either legal or equitable tolling (08-2 BCA ¶33,923).
(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. )