Bell Helicopter Textron Inc. and The Boeing Company

Material Facts

• The appeal involves five contracts to fabricate Multi-Purpose, Vertical-22 Osprey aircraft.
• The first four contracts were awarded while Bell Helicopter and Boeing operated under a joint venture relationship, and the record contains no evidence that the contracting officer novated any contract.
• The fifth contract was issued to Bell Boeing Joint Project Office, and the contractor signed it as issued.
• The joint venture agreement and Strategic Alliance Agreement provided for equal sharing of work, profits, losses, and other aspects of the applicable program activity.
• The Strategic Alliance Agreement stated that the parties intended to act as dual primes in contracts covered by the agreement.
• Bell and Boeing issued powers of attorney authorizing specified individuals, including James Ariail, to execute certificates and perform acts necessary to exercise the granted authority.
• The special instruction concerning the power of attorney required coordinated review by Bell and Boeing before Ariail exercised the authority.
• Ariail certified the claim on behalf of Bell Boeing.
• Boeing's Senior Manager for V-22 Contracts, Pricing and Estimating, told Ariail that the claim was "Good to go."
• Both Bell and Boeing approved the filing of the notice of appeal.

Parties

Appellant

Bell Helicopter Textron Inc. and The Boeing Company

Contract Number

N00019-96-C-0054; N00019-99-C-1090; N00019-05-C-0002; N00019-06-C-0292; N00019-07-C-0001