On May 1, Fairbanks Services timely files a properly certified claim for $125,000 with the

contracting officer of Fort Kyle. The Contracting Officer issues a final decision that includes a

notice that the decision "may be appealed to either the Board of Contract Appeals or the

Court of Federal Claims within twelve (12) months." Six months later, Fairbanks files an

appeal with the Armed Services Board of Contract Appeals. In response, the Government

argues that the appeal should be dismissed because the time for appeal to the Board has

expired. Who prevails, and why?

On January 2, Acme submitted a claim for $75,000 against and requested that the

contracting officer issue a final decision. On February 28th, Acme receives a letter from the

contracting officer stating that his workload has been great and he has been unable to

assess the claim as yet. The letter goes on to state that he hopes to get to the claim in the

next four weeks and will issue a Final Decision by April 1st. It is now March 5th. Concerned

that the contracting officer's promise is likely to turn into an April Fool's Joke, Acme wants

to pursue the claim further and not wait. Is Acme allowed to go forward with this?