59374

BAE Systems Land & Armaments Inc.

November 18, 2014Judge Newsom
Sustained / Appellant PrevailedDefective Pricing / TINAAccord & Satisfaction / Release / WaiverDCAA Involved

BAE Systems Land & Armaments Inc. appealed a decision regarding a defective pricing demand under Contract No. W56HZV-07-C-0660. The Board granted the appellant's motion to compel the government to file a complaint.

Material Facts

  • The contract was a firm-fixed-price contract to produce parts for a military vehicle.
  • BAE Systems subcontracted with Ibis Tek, LLC, for a portion of the work.
  • The contract required submission of subcontractor cost or pricing data and contained clauses for price reductions if the data were defective.
  • The DCAA audited the appellant's cost or pricing data and concluded that the subcontractor's cost or pricing data were defective.
  • On 14 May 2013, the contracting officer issued a 'Defective Pricing Demand Letter' seeking debt recoupment for the alleged defective pricing.
  • On 30 July 2013, BAE Systems submitted a certified claim challenging the government's price adjustment and demand for alleged defective pricing.
  • On 24 March 2014, the contracting officer issued a final decision denying the claim.

Parties

Appellant
BAE Systems Land & Armaments Inc.
Respondent Agency
Department of the Army
Contract Number
W56HZV-07-C-0660
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