Contract analysis

I. BACKGROUND AND PROCEDURAL HISTORY To orient the Court, the parties provide the following summary of the procedural history of this action. On November 28, 2022, Whitmore commenced this action by filing a Verified Complaint for Declaratory Judgment (ECF No. 1), seeking a declaration that Section 11.4 of the Teaming Agreement dated June 12, 2019, entered into between Whitmore and HDDS in connection with the Advanced

1. First Joint Status Report — filed July 15, 2023 (ECF No. 26);

2. Second Joint Status Report — filed November 12, 2023 (ECF No. 28);

3. Third Joint Status Report — filed March 11, 2024 (ECF No. 30); and

4. Fourth Joint Status Report — filed July 9, 2024 (ECF No. 32). This Fifth Joint Status Report is timely filed within the 120-day interval prescribed by the Court's March 17, 2023 Order, the prior report having been filed on July 9, 2024.

II. STATUS OF THE DCMA ADMINISTRATIVE REVIEW The parties respectfully update the Court on the status of the DCMA administrative review as follows. HDDS, in its capacity as the prime contractor under Prime Contract No. FA8620-19-C-0337 (the ATAP), filed a formal response and request for a Contracting Officer's Final Decision ("COFD") with DCMA on October 15, 2022. In that submission, HDDS disputed the allocation of co

III. STATUS OF LITIGATION This case remains stayed in its entirety pursuant to the Court's Order dated March 17, 2023 (ECF No. 24). No discovery of any kind has been conducted. No motions are pending before the Court. No scheduling order is in effect, and no case management conference has been scheduled. All pleadings remain as filed. The operative pleadings in this action are: (1) Whitmore's Verified Complaint for D

IV. PARTIES' JOINT REQUEST The parties respectfully represent to the Court that the basis for the stay entered on March 17, 2023 — namely, the pendency of the DCMA administrative review and the anticipated issuance of a COFD by ACO Lt. Col. Vickers with respect to the allocation of cost overruns under Prime Contract No. FA8620-19-C-0337 — continues to exist. The considerations that originally supported the stay, incl