62706

Herren Associates, Inc.

March 29, 2022Judge O'Connell
Denied / Government PrevailedStatute of Limitations / TimelinessQuantum / Damages

Herren Associates, Inc. appealed a decision regarding claims for increased fees and facility rental costs under a government contract. The ASBCA granted the government's motion for summary judgment, ruling that the claims were barred by the statute of limitations.

Material Facts

  • On April 5, 2004, the Naval Surface Warfare Center awarded an indefinite delivery, indefinite quantity contract to Herren Associates, Inc.
  • The contract included a clause that required a lapse of no more than thirty calendar days between performance and submission of an interim payment invoice.
  • On February 12, 2009, a task order was awarded to Herren for support services with a performance period extending to April 11, 2014.
  • Herren submitted a certified claim on September 19, 2019, seeking an increase in the fixed fee due to increased labor costs.
  • Herren's claim for the leased office space was submitted on April 27, 2020, despite having made all rental payments prior to April 27, 2014.

Parties

Appellant
Herren Associates, Inc.
Respondent Agency
Navy
Contract Number
N00178-04-D-4062-NS01
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