General Dynamics Ordnance and Tactical Systems, Inc.

Material Facts

• The contract was to make the appellant a second source for supplying small caliber ammunition to the Department of the Army for a base year plus option years.
• Alliant Techsystems, Inc. was the Army's primary supplier.
• The appellant's claim was based on alleged inadequate government estimates of ammunition quantities and sought recovery of unanticipated costs.
• The disputed Rule 4 documents referred to Alliant Techsystems, Inc.'s unit prices and production capacity and to information from which those matters could be derived.
• The Board determined that the disputed documents were trade secrets but relevant to the appellant's case for discovery purposes.
• The Army refused to confer on a protective order, submit proposed protective-order terms, or disclose the disputed documents to appellant's counsel under the Board's protective order.
• The Army provided the disputed documents to the Board for in-camera inspection but produced the documents to the appellant in redacted form.
• The Army's internal estimator stated that the government considered Lake City Army Ammunition Plant capacities in developing Best Estimated Quantities.
• The Army did not timely provide responses to the appellant's discovery requests and provided the discovery only after the appellant filed a motion to compel.

Parties

Appellant

General Dynamics Ordnance and Tactical Systems, Inc.

Respondent Agency

Department of the Army

Contracting Agency

Department of the Army

Contract Number

W52PIJ-05-G-0002