Board of Contract Appeals
                 General Services Administration
                      Washington, D.C. 20405




               ____________________________________

                GRANTED IN PART:  December 5, 2001
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                           GSBCA 15694


                 MODERN CONTINENTAL SOUTH, INC.,

                                                  Appellant,

                                v.

                 GENERAL SERVICES ADMINISTRATION,

                                                  Respondent.

     Todd R. Metz of Watt, Tieder, Hoffar & Fitzgerald, L.L.P., McLean, VA, counsel for
appellant.

     Sharon A. Roach, Office of Regional Counsel, General Services Administration,
Washington, DC, counsel for respondent.  

Before Board Judges NEILL, HYATT, and DeGRAFF.

HYATT, Board Judge.

     On October 19, 2001, appellant, Modern Continental South, Inc. (MCS), appealed
the General Services Administration's (GSA's) contracting officer's denial of its consolidated
claim for equitable adjustment and time extension under contract number GS-
11P98MWC0003 for seawall replacement and remediation at the Southeast Federal Center
in Washington, D.C.  During performance of this contract certain disputes arose which gave
rise to appellant's consolidated claim, which asserted that its total cost of performance had
increased by some $12,525,058 and that Government action and inaction had caused 375
days of delay.  

     On December 3, 2001, the parties filed a joint stipulation of settlement and award,
together with a copy of the settlement agreement recently executed by the parties.  The
pertinent terms of the settlement agreement are as follows:

          1.   GSA agrees to extend the schedule for Contract performance
     through November 27, 2001, and MCS agrees to achieve substantial
     completion by November 27, 2001.  Substantial completion is defined as the
     satisfactory completion of the placement of all structural concrete under the
     Contract.

          2.   GSA agrees that it will not commence the assessment of
     liquidated damages prior to December 16, 2001.

          3.   GSA agrees to pay MCS a total sum of $6,300,000, which sum
     is inclusive of applicable fees and charges including, but not limited to Equal
     Access to Justice Act fees and costs, if applicable.

          4.   The settlement amount will be paid as follows:

               a.   The Contracting Officer will make a payment of
          $372,500 through a contract modification . . . within ten (10)
          days after full execution of this Settlement Agreement.

               b.   Within two (2) business days of the full execution
          of this Settlement Agreement, the Parties will file the Joint
          Stipulation of Award and Settlement . . . , the Stipulation of
          Settlement . . . and their respective Certificates of Finality . . .
          with the GSBCA as required by GSBCA Rule 136(e).  Within
          two business days of the date substantial completion is
          achieved, the Government shall submit a request for payment to
          the Department of [the] Treasury, Financial Management
          Service, pursuant to 31 U.S.C.   1304 in the amount of
          $5,927,500, plus applicable interest beginning December 1,
          2001.   

The parties have further agreed that they will not seek reconsideration of, or relief from, the
Board's decision, and that they will not appeal the decision.

                             Decision

     This appeal is GRANTED IN PART in accordance with the parties' settlement
agreement.  Rule 136(e) (48 CFR 6101.36(e) (2000)).  The amount of $5,927,500 plus
applicable interest is to be paid from the permanent indefinite judgment fund, 31 U.S.C. 
 1304 (2000).  The remainder of the appeal, involving the amount of $372,500 to be paid
under a contract modification, is DISMISSED AS SETTLED.



                                   __________________________________
                                   CATHERINE B. HYATT
                                   Board Judge

We concur:



_________________________________  __________________________________
EDWIN B. NEILL                     MARTHA H. DeGRAFF
Board Judge                             Board Judge