General Dynamics Ordnance and Tactical Systems, Inc. [appendix]
General Dynamics Ordnance and Tactical Systems, Inc. appealed in connection with a claim for unanticipated costs allegedly resulting from inadequate government estimates of ammunition quantities. The Board denied the government's request to certify an interlocutory order and its request for a stay of all proceedings, but stayed operation of the protective order for 60 days and granted the appellant's motion for a protective order.
Material Facts
- The contract was intended to make the appellant a second source for supplying small caliber ammunition to the Army for a base year plus option years.
- Alliant Techsystems, Inc. was the Army's primary supplier and also had a government contract to manufacture the same articles.
- The appellant sought $18,193,894 for unanticipated costs based on claimed inadequate government estimates of ammunition quantities.
- The government documents principally consisted of e-mails concerning Alliant Techsystems' unit prices and production capacity at the Lake City Army Ammunition Plant.
- The appellant's certified claim contended that the government's estimate of cartridge mix in the solicitation was inadequate.
- A contracting officer declaration stated that the disputed documents contained information the government reviewed to develop the solicitation estimates.
- The government asserted that disclosure could expose Alliant Techsystems' trade secrets or confidential proprietary financial information.
- The disputed e-mails primarily contained data current in 2004, 2005, or 2006.
Parties
- Appellant
- General Dynamics Ordnance and Tactical Systems, Inc.
- Respondent Agency
- Department of the Army
- Contracting Agency
- Department of the Army
- Contract Number
- W52P1J-05-G-0002
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