TMS Envirocon, Inc.

June 18, 2012Judge Park-Conroy

Partially SustainedStatute of Limitations / TimelinessFailure to Prosecute / DismissalSmall Business

TMS Envirocon, Inc. appealed the government's motion to dismiss claims related to a contract for water piping replacement at Langley Air Force Base. The Board granted the motion in part, allowing some claims to proceed while dismissing others as untimely.

Material Facts

Contract No. F44600-01-C-0029 was awarded to TMS Envirocon, Inc. for $3,229,283 on 28 September 2001.
TMS entered into a subcontract with International Technology Corporation for $2,850,000 on 15 October 2001.
ITC filed for bankruptcy in January 2002, and the subcontract was assigned to Shaw Environmental, Inc.
TMS notified the contracting officer of 170 differing site conditions from April to September 2002.
The government issued modifications to the contract, increasing the price to $4,262,938 and extending the completion date to 8 September 2004.
TMS completed the project on 6 November 2004.
TMS submitted a revised REA on 8 March 2010, seeking $2,439,512, which did not contain a CDA claim certification.

Parties

Appellant: TMS Envirocon, Inc.
Respondent Agency: Department of the Air Force
Contract Number: F44600-01-C-0029

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