61109

Central Texas Express Metalwork LLC d/b/a Express Contracting

September 7, 2017Judge Sweet
Denied / Government PrevailedAccord & Satisfaction / Release / Waiver

Central Texas Express Metalwork LLC appealed a contracting officer's final decision rejecting its claim for equitable adjustments under Contract No. FA3047-11-C-0023. The Board granted the government's motion for summary judgment, denying the appeal based on a release of claims.

Material Facts

  • On 18 August 2011, the United States Air Force awarded CTEM Contract No. FA3047-11-C-0023.
  • Under the 0023 contract, CTEM was to repair and replace HVAC systems at Lackland Air Force Base for $2,457,237.
  • CTEM entered into a subcontract with International Mechanical Services, Inc. (IMS) for materials, labor, and equipment.
  • In 2013, IMS sued CTEM, and they entered into a settlement agreement resolving that case.
  • In November 2013, the CO and CTEM agreed to reduce the scope of the contract, resulting in a credit to the Air Force and an equitable adjustment for CTEM.
  • On 10 September 2014, CTEM submitted a request for equitable adjustment for $643,841.88 due to delays and changes.
  • On 25 May 2016, the Air Force and CTEM negotiated the REA, resulting in a final payment of $395,727.99.
  • On 2 June 2016, CTEM signed a release stating it would discharge the government from all claims under the contract.
  • CTEM later attempted to invoice the government for a different amount, which was disapproved.
  • The CO denied CTEM's claim on the grounds that CTEM released the claims.

Parties

Appellant
Central Texas Express Metalwork LLC d/b/a Express Contracting
Respondent Agency
United States Air Force
Contract Number
FA3047-11-C-0023
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