BAE Systems Land & Armaments L.P.

Material Facts

• The Army entered into a Basic Ordering Agreement (BOA) with BAE Systems on March 31, 2005.
• Delivery Order No. 0009 was awarded to BAE Systems on July 26, 2006, for $192,628,556.
• Modification No. 05 to Delivery Order No. 0009 was issued on July 12, 2007, for $404,307,844.
• BAE Systems submitted a giveback proposal for Delivery Order No. 0009 in 2007, which was settled in 2014.
• The Defense Contract Audit Agency (DCAA) issued post-award audit reports regarding Delivery Order No. 0009 and Modification No. 05 in 2015.
• The Contracting Officer issued a demand letter on September 15, 2020, seeking $3,224,623 for defective pricing related to Delivery Order No. 0009.
• BAE Systems filed a notice of appeal on October 15, 2020, pursuant to the CDA.
• The Contracting Officer issued a second demand letter on September 22, 2020, seeking $9,450,215 for defective pricing related to Modification No. 05.
• BAE Systems filed a second notice of appeal on October 15, 2020.
• BAE Systems asserted that the government's claims were barred by laches and the six-year statute of limitations under the CDA.

Parties

Appellant

BAE Systems Land & Armaments L.P.

Respondent Agency

Department of the Army

Contract Number

Contract No. W56HZV-05-G-0005