Boeing Formally Protests US Air Force Tanker Contract Award

In article ,
Larry Dighera wrote:

Now the real fun begins:

The Boeing Company
http://www.boeing.com/news/releases/index.html
Boeing Statement on Tanker Protest Ruling

ST. LOUIS, June 18, 2008 -- Boeing [NYSE: BA] was informed today
that the Government Accountability Office (GAO) found in Boeing's
favor on a number of issues related to its protest of the U.S. Air
Force's award of a $35 billion contract to supply the service with
its next-generation aerial refueling aircraft -- or KC-X tankers
-- to begin replacing the current fleet of KC-135 tankers.

In response to the ruling, Boeing released the following statement
from Mark McGraw, vice president, Tanker Programs:

"We welcome and support today's ruling by the GAO fully supporting
the grounds of our protest.

"We appreciate the professionalism and diligence the GAO showed in
its review of the KC-X acquisition process. We look forward to
working with the Air Force on next steps in this critical
procurement for our warfighters."



http://www.gao.gov/press/press-boeing2008jun18_3.pdf

Of particular note (to this non-lawyer) is:

"The GAO recommended that the Air Force reopen discussions with the
offerors, obtain revised proposals, re-evaluate the revised proposals,
and make a new source selection decision, consistent with the GAO¹s
decision. The agency also made a number of other recommendations
including that, if the Air Force believed that the solicitation, as reasonably
interpreted, does not adequately state its needs, the Air Force should amend
the solicitation prior to conducting further discussions with the offerors; that
if Boeing¹s proposal is ultimately selected for award, the Air Force should
terminate the contract awarded to Northrop Grumman; and that the Air Force
reimburse Boeing the costs of filing and pursuing the protest, including
reasonable attorneys¹ fees. By statute, the Air Force is given 60 days to
inform the GAO of the Air Force¹s actions in response to GAO¹s recommendations."

--
Bob Noel
(goodness, please trim replies!!!)