BAE Systems Ordance Systems, Inc.

Material Facts

• BAE had two related contracts with the United States Army.
• BAE submitted three letters to the contracting officer labeled as REAs.
• Each letter included a certification consistent with DFARS 252.243-7002 regarding REAs.
• BAE did not request a CO’s final decision in any of the three letters.
• The CO issued a final determination rejecting the REAs, stating BAE failed to establish entitlement.
• BAE subsequently submitted a claim under the CDA after the CO's final determination.

Parties

Appellant

BAE Systems Ordnance Systems, Inc.

Respondent Agency

United States Army

Contract Number

W52P1J-11-C-0012