TMS Envirocon, Inc.

June 19, 2012Judge Park-Conroy

Denied / Government PrevailedAccord & Satisfaction / Release / WaiverFailure to Prosecute / Dismissal

TMS Envirocon, Inc. appealed a government motion for summary judgment asserting that the appeal was barred by a final release. The Board denied the government's motion.

Material Facts

Contract No. F44600-01-C-0029 was awarded to TMS in the amount of $3,229,283 on 28 September 2001.
TMS subcontracted the work to International Technology Corporation, which later filed for bankruptcy.
A total of 18 modifications were issued to the contract, increasing the price to $4,262,938.
TMS submitted a request for equitable adjustment seeking $2,403,325, which was denied.
TMS filed a protective lawsuit in the U.S. Court of Federal Claims based on the contracting officer's denial of the REA.
Final contract payment was made on 10 January 2007.
TMS advised the contracting officer that it was retracting the release, asserting that the release was submitted inadvertently.

Parties

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

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