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  • 12/01/2015
  • Fine, I’ll Just Take My Domestic Preferences And Go Home!

    Picture a child’s birthday party. We’ll call him Sam. There are 11 other kids there: the next-door neighbors, some kids from down the street, and even some kids from across the street. Sam has received a bunch of new toys that everyone wants to play with. Sam says sure, go ahead! Play with the toys — except this one, this one, this one, this one, this one, and this one… Leaving only a few of the less desirable toys for the others to play with. Well, now envision that scenario taking place between the National Trade Representatives of twelve countries representing 40% of the world’s GDP.

  • 11/30/2015
  • Five minute late filing sinks appeal

    Five minutes in the grand scheme of things does not sound like a long time. It’s not enough time to get a haircut, run to the store, or even wash the dishes. Five minutes is .000038ths of 90 days. But when it comes to deadlines for timely appeals, five minutes becomes very important.

    Judge Daniels indicated that “our rules regarding filing of appeals of contracting officer decisions mean what they say and are to be construed strictly. A notice of appeal which was filed later than the ninetieth day after the contractor’s receipt of a contracting officer decision … must be dismissed for lack of jurisdiction.”  That is true whether the filing is one minute late, five minutes late or one month late.

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