Alenia North America, Inc.

August 7, 2014Judge Lopes

Denied / Government PrevailedContract InterpretationAccord & Satisfaction / Release / Waiver

Alenia North America, Inc. appealed a decision regarding the government's rights to technical manuals delivered under Contract No. FA8504-08-C-0007. The Board denied the government's motion for summary judgment, finding genuine issues of material fact.

Material Facts

On 29 September 2008, the Air Force and Alenia entered into letter Contract No. FA8504-08-C-0007.
The letter contract was definitized as Contract No. FA8504-08-C-0007-PZ0001 on 23 April 2009.
Neither the letter contract nor the definitized contract contained any FAR or DFARS data rights clauses.
Contract Line Item No. 0006 required delivery of a set of technical manuals with each aircraft.
The SOW required Alenia to provide rights and data for hardware necessary to operate, maintain, and support the G222 aircraft.
The Air Force contracting officer sent Alenia a letter on 20 April 2011 objecting to the restrictive marking on the technical manuals.
On 21 October 2011, the Air Force contracting officer sent a final decision to Alenia asserting the government had rights to the technical manuals.
Alenia filed this appeal on 13 January 2012.

Parties

Appellant: Alenia North America, Inc.
Respondent Agency: Department of the Air Force
Contract Number: FA8504-08-C-0007

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