Arctic Slope Native Assoc., Ltd. v. Sebelius, No. 11-1485 (Fed. Cir. 2012)Annotate this Case
ASNA is an inter-tribal consortium of federally recognized tribes situated in Alaska. In 1996, 1997, and 1998, ASNA contracted with the Department of Health and Human Services, under the Indian Self-Determination and Education Assistance Act to operate a hospital. ISDA requires the government to pay costs reasonably incurred in managing the programs, 25 U.S.C. 450j-1. There have been three previous class actions concerning payments. One resulted in settlement; in two the courts denied class certification for failure to exhaust administrative remedies because claims had not first been submitted to the contracting officer. ANSA brought its claim, arguing that it was a putative class member in those suits even though it did not individually present claims to the contracting officer within the Contract Disputes Act six-year limitations period and that the limitations period was tolled while those cases were pending. The Civilian Board of Contract Appeals dismissed. The Federal Circuit reversed. The class actions involved similar issues and parties, and put the government on notice of the general nature and legal theory underlying ASNA’s claims. ASNA monitored the legal landscape, took action as appropriate, and reasonably relied upon controlling authority, holding that it did not need to exhaust administrative remedies to be a class member.