56679567035670556716

Bernard Cap Company, Inc.

February 19, 2010Judge Delman
DismissedStatute of Limitations / Timeliness

Bernard Cap Company, Inc. appealed several claims against the government regarding unpaid invoices under multiple contracts. The Board dismissed the appeals, finding the claims time-barred under the Contract Disputes Act.

Material Facts

  • The government awarded multiple indefinite delivery/indefinite quantity (IDIQ) contracts to Bernard Cap Company, Inc. for the delivery of caps.
  • The contracts incorporated FAR 52.232-25, which required payment for accepted goods within 30 days of receipt of a proper invoice.
  • Appellant submitted invoices for accepted goods but did not receive full payment within the required timeframe.
  • Appellant's claims for unpaid invoices accrued on various dates between 1996 and 2004.
  • Appellant submitted claims to the contracting officer (CO) in 2008, more than six years after the claims accrued.

Parties

Appellant
Bernard Cap Company, Inc.
Open Official Decision PDF (asbca.mil)AI-analyzed, grounded in the decision text. Verify against the official PDF before relying on it.

Full Legal Analysis

Create a free account to read the complete grounded legal brief for this decision, including the holding, every issue the Board decided, quantum, verified citations, and the case's citation graph.

Holding & Legal Reasoning

The Board's holding, background, and procedural posture for this decision.

Issues Presented

Every issue the Board decided, with its determination, reasoning, and supporting authority.

Quantum & Recovery

The claimed, awarded, and net dollar amounts at issue, itemized where the record supports it.

Verified Authorities & Citations

Every cited FAR, DFARS, CAS, and case-law authority, cross-checked against the source text.

Practitioner Takeaways

Practical guidance for contractors and counsel, distilled from the Board's ruling.

Similar Cases

Related decisions surfaced by semantic search across the full analyzed corpus.

Citation Graph

An interactive graph of this case's cited authorities, judge, agency, and related decisions.

Related Decisions

Same Judge

Same Year

Same Issue

Newsletter

New decisions every Monday

GovConDash Weekly lists the decisions GAO, the boards, the courts and SBA OHA released that week, alongside the FAR Overhaul deviations and proposed rules that reach every contractor. Free.

Free, weekly, and one click to unsubscribe. We send a confirmation email first. See our Privacy Policy.