6321863219

BAE Systems Technology Solutions & Services Inc.

July 29, 2024Judge Eyester
Denied / Government PrevailedQuantum / Damages

BAE Systems Technology Solutions & Services Inc. appealed a contracting officer's final decision denying its claim for pension withdrawal liability costs. The Board concluded that the Air Force did not breach the contract.

Material Facts

  • The Air Force awarded BAE Contract No. FA2517-06-C-8001 for the Solid State Phased Array Radar System on May 22, 2006.
  • The contract included fixed-priced and cost reimbursable contract line item numbers for various services and supplies.
  • BAE was the successor contractor to ARCTEC Services and operated under collective bargaining agreements (CBAs) with the unions.
  • BAE and Aleut incurred pension withdrawal liability costs after withdrawing from the pension plans upon losing a contract recompete.
  • BAE submitted a claim for $20,839,575 for these pension withdrawal liability costs, which the Air Force denied.

Parties

Appellant
BAE Systems Technology Solutions & Services Inc.
Respondent Agency
Department of the Air Force
Contract Number
FA2517-06-C-8001
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