Appealed from: Armed Services Board of Contract Appeals.
Before Rich, Lourie, and Gajarsa, Circuit Judges.
The opinion of the court was delivered by: Lourie, Circuit Judge.
Ra-Nav Laboratories, Inc. appeals from the final decision of the Armed Services Board of Contract Appeals dismissing its appeal for lack of jurisdiction. Ra-Nav Lab., Inc., ASBCA No. 49211, 96-2 BC ¶ 28,514 (Aug. 26, 1996), reconsideration denied, 97-1 BC ¶ 28,650 (Nov. 22, 1996). Because the Board did not err in determining that the appeal period of 41 U.S.C. § 606 (1994) had run before Ra-Nav filed its appeal, we affirm.
In 1985, Ra-Nav was awarded a government contract for the production of data tape cartridges. In early 1986, when Ra-Nav failed to timely deliver the first installment of tapes due under the contract (the "First Articles"), the government terminated the contract for default. The Default Notice stated that:
his is the final decision of the termination contracting officer . This decision may be appealed to the Armed Services Board of Contract Appeals. If you decide to make such an appeal, you must mail or otherwise furnish written notice thereof to the . . . within 90 days from the date you received this decision. . . .
Following the Default Notice, Ra-Nav sent a letter to the TCO requesting that the contract be reinstated with an extended delivery schedule. In response, the TCO sent Ra-Nav a letter on January 29, 1986 ("Cautionary Notice"), which stated in relevant part:
2. The contents of your letter did not reveal an excusable reason for your failure to deliver the First Articles. . . .
2. This is to advise you:
a. The default remains in effect and the contract is not reinstated.
b. The Government is not encouraging you to continue performance.
c. Any continued performance will be voluntary on your part and at your own risk.
3. In order to mitigate your damages, the Government agrees to inspect completed ...