Thursday, June 12, 2008

Tanker War: Not Over by Christmas 2

Bloomberg is today reporting that depending on the GAO decision, Boeing could take the tanker contract to the Court of Federal Claims which was established by Congress in 1855 to adjudicate the Constitution's First Amendment guarantee of the right "to petition the Government for redress of grievances."

The Court of Federal Claims has exclusive jurisdiction over various disputes against the U.S. government in excess of $10,000 and unlike the GAO has no set timeline in which to rule.
A legal challenge after the GAO's finding is "within the realm of possibility," said Loren Thompson, an analyst at Lexington Institute, an Arlington, Virginia-based public policy group focused mainly on defense-industry issues.

"Boeing is absolutely convinced it has been wronged, and Northrop is absolutely convinced it had the best proposal," Thompson said. "That is a prescription for a process that just keeps going and going. Considering the stakes involved in awarding the next-generation tanker, I don't see Boeing giving up any time soon."
At Tanker War Blog we think it is a bit premature to talk about new court cases when we still do not have the GAO or WTO rulings. But either way, as we said before we think the Air Force tanker contract war will not be over by Christmas.

1 comment:

Anonymous said...

it won't be over for Boeing this Christmas or even next they will beat a dead horse to death, they have no choice. Why Northrop won on Past Performance just one reason, can you say FIA
Boeing is fighting for their commerical life, their military life is dead and tanker might just be the last nail in their coffin! Rest in peace Sleazy B....