ARMED SERVICES BOARD OF CONTRACT APPEALS 
Appeal of --
TMS Envirocon, Inc. 
Under Contract No. F44600-0l-C-0029 
APPEARANCE FOR THE APPELLANT: 
APPEARANCES FOR THE GOVERNMENT: 
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ASBCA No. 57286 
Neil S. Lowenstein, Esq. 
Vandeventer Black LLP 
Norfolk, VA 
Col Robert J. Preston II, USAF 
Acting Air Force Chief Trial Attorney 
Jeffrey M. Lowry, Esq. 
Trial Attorney 
OPINION BY ADMINISTRATIVE JUDGE JAMES 
It is the Board's decision, pursuant to 41 U.S.C. §§ 7105(e), 7108(b), and the 
parties' stipulation and agreement, that the appeal is sustained only with respect to 
appellant's eight direct cost claim items totaling $23,987.00 which occurred between 
19 April and 17 September 2004, which were not dismissed for lack of jurisdiction by 
the Board's 18 June 2012 decision. TMS Envirocon, Inc., ASBCA No. 57286, 12-2 
BCA ~ 35,084 at 172,295, 172,298, recon. denied, 13 BCA ~ 35,204. In the nature of 
a consent judgment, the Board makes a monetary award to appellant in the amount of 
$22,000.00. No Contract Disputes Act interest shall be paid. Consistent with the 
parties' stipulation and agreement, this consent judgment does not address appellant's 
claim items which were dismissed by the Board's 18 June 2012 decision. Nor does it 
otherwise bar appellant from pursuing any appeal rights it may have respecting those 
dismissed claim items. 
Dated: 19 June 2014 
(Signatures continued) 

I concur 
Administrative Judge 
Acting Chairman 
Armed Services Board 
of Contract Appeals 
I concur 
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RICHARD SHACKLEFORD 
Administrative Judge 
Vice Chairman 
Armed Services Board 
of Contract Appeals 
I certify that the foregoing is a true copy of the Opinion and Decision of the 
Armed Services Board of Contract Appeals in ASBCA No. 57286, Appeal of 
TMS Envirocon, Inc., rendered in conformance with the Board's Charter. 
Dated: 
2 
JEFFREY D. GARDIN 
Recorder, Armed Services 
Board of Contract Appeals