Policy Analysis Co. v. United States

OPINION

MILLER, Judge.

This case is before the court after completion of briefing on defendant’s motion to dismiss. The issue for decision is whether this case was timely filed under the Contract Disputes Act of 1978, 41 U.S.C. § 609(a)(3) (1994) (the “CDA”), which requires that “[a]ny action ... shall be filed within twelve months from the date of the receipt by the *627contractor of the decision of the contracting officer concerning the claim.” Although defendant’s motion is cast as one pursuant to RCFC 12(b)(1), dismissal for lack of subject matter jurisdiction, the Federal Circuit has held that…