5687056957

General Dynamics Ordnance and Tactical Systems, Inc. [appendix]

July 30, 2010Judge Delman
Partially SustainedDefective SpecificationsQuantum / DamagesAuthority of Government Agents

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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