United States v. Dyncorp Int'l LLC

DynCorp subsequently filed its answer, (ECF No. 27), which included twelve affirmative defenses. In response, the government took the unusual step of moving to strike four of these defenses, arguing that they "are legally invalid or improperly pled." (Mot. Strike at 1, ECF No. 31.) Two of the four defenses-the fifth and the sixth-relate to an audit conducted by the Defense Contract Audit Agency ("DCAA") and DynCorp's settlement with DOS. DynCorp argues that if the government found the contract prices reasonable, it cannot now be allowed to revisit that determination. (See Answer at 29-31.)…