57935

Alenia North America, Inc.

March 26, 2013Judge Grant
Denied / Government PrevailedCDA JurisdictionContract Interpretation

Alenia North America, Inc. appealed a decision regarding technical data rights under Contract No. FA8504-08-C-0007, which the Board denied due to jurisdictional issues.

Material Facts

  • Alenia entered into letter Contract No. FA8504-08-C-0007 with the USAF on 29 September 2008.
  • The contract required delivery of technical publications with each aircraft, marked with restrictive legends.
  • The government objected to the restrictive markings on 20 April 2011, asserting Government Purpose Rights.
  • Alenia responded on 23 May 2011, disputing the government's assertion.
  • The contracting officer issued a 'PCO Final Decision' on 21 October 2011, asserting unlimited data rights.
  • Alenia appealed the final decision to the ASBCA on 13 January 2012.

Parties

Appellant
Alenia North America, Inc.
Respondent Agency
United States Air Force
Contract Number
FA8504-08-C-0007
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