Access Personnel Services, Inc.
Access Personnel Services, Inc. appealed a dismissal for lack of jurisdiction regarding a claim for disallowed costs under a time-and-materials contract. The Board denied the government's motion to dismiss, finding the appeal timely due to the government's failure to inform the appellant of its appeal rights.
Material Facts
- The contract was a time-and-materials type contract awarded to Access Personnel Services, Inc. on 29 September 2009.
- The Defense Contract Audit Agency issued a notice identifying six unrelated items of cost questioned by DCAA, including disallowed costs of $22,236.
- Access Personnel Services, Inc. submitted a claim to the contracting officer on 14 April 2011, seeking payment for disallowed costs.
- The contracting officer issued decisions denying the claim on 28 April 2011 and again on 6 May 2011, neither of which informed APS of its appeal rights.
- Access Personnel Services, Inc. filed a notice of appeal with the ASBCA on 20 March 2015.
Parties
- Appellant
- Access Personnel Services, Inc.
- Contract Number
- N00189-09-C-Z114
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