United Launch Services, LLC

Material Facts

• The Air Force issued Request for Proposals (RFP) No. F04701-97-R-0008 for Development and Initial Launch Services under the Evolved Expendable Launch Vehicle (EELV) program.
• The RFP contemplated award of two separate contracts, one for Development Agreement and another for Initial Launch Services (ILS).
• The contract was awarded to Boeing on 16 October 1998, incorporating prices submitted in its Best and Final Offer.
• The contract included clauses regarding changes and disputes, requiring written agreement for changes and allowing for equitable adjustments.
• The government informed Boeing of increased payload weights for GPS missions, leading to negotiations for equitable adjustments.
• Boeing submitted Requests for Equitable Adjustments (REAs) due to payload increases, which were denied by the government based on a release clause.
• ULS became the successor in interest to Boeing under the Contract as of 1 December 2006.

Parties

Appellant

United Launch Services, LLC

Respondent Agency

United States Air Force

Contract Number

F04701-98-D-0002