62209

Lockheed Martin Aeronautics Company

October 26, 2021Judge Page
Sustained / Appellant PrevailedDelay / Disruption / SuspensionQuantum / DamagesDCAA Involved

Lockheed Martin Aeronautics Company moved to compel the Air Force to provide more complete responses to interrogatories concerning its claim for allegedly excessive “over & above” work and cumulative lack of productivity on a C-5 aircraft-upgrade contract. The Board granted the motion, ordered further responses subject to specified exceptions, and permitted the government to renew objections consistent with relevance and proportionality standards.

Material Facts

  • Appellant’s underlying claim concerned allegedly excessive “over & above” work and greater costs and cumulative lack of productivity on a contract for upgrading C-5 Galaxy aircraft.
  • Appellant intended to use the measured mile approach to support its claim.
  • Appellant’s first set of interrogatories contained 41 interrogatories, and the government cross-referenced its objection to interrogatory one in 25 of the responses.
  • Appellant alleged that responses to interrogatories 26, 27, 28, 29, 31, and 32 were incomplete or evasive.
  • Appellant indicated that interrogatories 37 and 38 had been answered.
  • Appellant received the DCAA audit report requested in its second motion to compel, and the Air Force indicated that it had no related documents in its possession.

Parties

Appellant
Lockheed Martin Aeronautics Company
Respondent Agency
Air Force
Contracting Agency
Air Force
Contract Number
FA8625-07-C-6471
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