The Sithe Group, LLC, dba TSG Industries

Material Facts

• On November 26, 2017, USACE awarded Contract No. W9126G-18-P-0012 to TSG.
• TSG alleges that, on or about June 14, 2018, it substantially completed performance under the contract.
• On June 18, 2018, TSG executed an assignment of payment on the contract to SouthStar Financial, LLC.
• On or around July 1, 2018, TSG submitted a request for equitable adjustment (REA) to USACE requesting $1,087,852.97.
• On December 20, 2018, USACE issued a COFD which approved TSG’s request in small part and denied the remainder.
• On July 29, 2020, the contracting officer issued a COFD to TSG which accepted in part and denied in part TSG’s certified claim.
• TSG filed its notice of appeal on May 2, 2023.

Parties

Appellant

The Sithe Group, LLC, dba TSG Industries

Respondent Agency

U.S. Army Corps of Engineers

Contract Number

Contract No. W9126G-18-P-0012