KMS Fusion, Inc. v. United States
United States Court of Federal Claims
1Opinion of the Court
OPINION
MILLER, Judge.
This research and development contract case is before the court after trial. KMS Fusion, Inc. (“plaintiff’), seeks recovery under an alleged agreement with the Department of Energy (“DOE”) to pay for close-out work following what DOE views as expiration of a modified contract. At issue are whether DOE breached the contract by failing to continue it beyond the putative expiration date and specifically the effect to be given to the preamble “whereas” clauses in conjunction with the operative language in the body of the modification.
FACTS
On May 1, 1987, DOE, through its…
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