The Boeing Company
The Boeing Company appealed a final decision denying ratification of most of a subcontract termination settlement agreement. The Board held that the Limitation of Funds clause applied to the contract as a whole, limited recovery to the undisbursed allotted funding, and sustained the appeal in part.
Material Facts
- Contract No. F34601-97-C-0211 was an incrementally funded cost-plus-award-fee contract for engineering assignments ordered by the government.
- The contract incorporated FAR 52.249-6 and FAR 52.232-22 and included Special Contract Requirements clause H-841 addressing funding of individual engineering assignments.
- Modification No. P00112 added the KC-10 GATM assignment, with a specified completion date of 30 April 2003.
- The government and Boeing later extended the assignment and increased its estimated cost, but the parties did not conclude an agreement on a new estimate at completion or schedule before termination.
- The PCO issued a stop-work order on 10 March 2004 and terminated the KC-10 GATM assignment for convenience effective 2 April 2004.
- Boeing terminated the Honeywell subcontract for convenience, and Honeywell submitted a subcontract termination proposal and request for equitable adjustment.
- The Honeywell settlement agreement provided for a net payment to Honeywell and was subject to TCO approval.
- Boeing submitted the Honeywell settlement agreement as part of its certified termination settlement proposal to DCAA for audit.
- The TCO refused to ratify the Honeywell settlement agreement except for a limited amount and later issued a final decision denying ratification of all but a portion of the agreement.
- Before Boeing entered into the Honeywell settlement agreement, the government denied three requests for additional allotted funds and advised Boeing that the Limitation of Funds clause applied.
Parties
- Appellant
- The Boeing Company
- Contract Number
- F34601-97-C-0211
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