Contract analysis

I. Background For the Court's convenience, the parties provide a brief recitation of the procedural and factual background of this matter. On November 28, 2022, WAL filed a Verified Complaint for Declaratory Judgment (Dkt. 1), seeking a declaration that Section 11.4 of the Teaming Agreement dated June 12, 2019, between WAL and HDDS (the "Teaming Agreement") does not obligate WAL to indemnify HDDS for $14,726,583 in c

II. Status of the DCMA Administrative Review As of the date of this report, ACO Lt. Col. Sandra M. Vickers has not issued a Contracting Officer's Final Decision with respect to the cost overruns identified in the COPD under Prime Contract No. FA8620-19-C-0337. As previously reported in the parties' Fourth Joint Status Report (filed July 9, 2024, Dkt. 42), DCMA completed its field audit of costs incurred under the Pri

III. Status of This Litigation This action has been stayed since the Court's entry of its Order on March 17, 2023 (Dkt. 34), and the case remains dormant. No discovery has been taken by either party. No motions are pending before the Court or the Magistrate Judge. No scheduling order has been entered, and no pretrial conference has been held or scheduled. No party has sought to lift or modify the stay at any point du

IV. The Parties' Joint Position The parties respectfully submit that the basis for the stay — the pendency of the DCMA administrative review and anticipated issuance of the Contracting Officer's Final Decision — remains in full effect. The DCMA has not yet concluded its internal legal review of the cost analysis, and the COFD has not been issued. The parties continue to believe that the COFD, when issued, is expected

V. Next Status Report Pursuant to the Court's March 17, 2023 Order (Dkt. 34), the next joint status report is due 120 days from the date of this filing, on or about July 4, 2025. Because July 4, 2025, is a federal holiday (Independence Day), and July 5, 2025, and July 6, 2025, fall on a Saturday and Sunday respectively, the parties will file the Seventh Joint Status Report on the next business day, Monday, July 7, 20

VI. Request for Relief WHEREFORE, the parties respectfully request that the Court:

1. Maintain the stay of proceedings in this action pending the conclusion of the DCMA administrative review and the issuance of the Contracting Officer's Final Decision under Prime Contract No. FA8620-19-C-0337; and

2. Take no further action at this time. Respectfully submitted, Dated: March 6, 2025 FOR PLAINTIFF WHITMORE AEROSPACE LLC: CALDERWOOD & HARKNESS LLP By: /s/ Priya Anand ________________________________________ Priya Anand (PA-4827) 600 Lexington Avenue, 28th Floor New York, New York 10022 Telephone: (212) 556-4100 Email: panand@calderwoodharkness.com Douglas Carmichael (DC-7291) Patrick Gallagher (PG-1053) Simone Lar