Raytheon Missile Systems Company

Material Facts

• The missiles under Contract 0569 were delivered to the Navy fully fueled.
• Raytheon contended that it loaded approximately 128 gallons of fuel into each missile.
• The Navy's calculations produced a mean of 126.3036 gallons per missile.
• Raytheon submitted fuel invoices at the higher price and a listing of missiles and DD 250 acceptance dates.
• The missile listing identified 1,762 missiles delivered between 1 October 2006 and 29 September 2010.
• The first invoice for fuel at the higher price was dated 29 November 2006.
• The first missile accepted after that invoice was missile number 19, accepted on 1 December 2006.
• The first missile accepted in January 2007 was missile number 65.
• The Navy did not audit Raytheon's Statement of Costs.
• The government's identified documents did not expressly identify losses attributable only to commodities other than JP-10.

Parties

Appellant

Raytheon Missile Systems Company

Respondent Agency

Navy

Contracting Agency

Navy

Contract Number

N00019-04-C-0569