60373

The Boeing Company

June 23, 2020Judge D'Alessandris
Denied / Government PrevailedContract Interpretation

The Department of the Army moved for reconsideration of the Board’s prior summary-judgment decision holding that software developed with costs charged to a Technology Investment Agreement constituted software developed exclusively at private expense. The Board denied reconsideration, concluding that the Army presented new or previously rejected arguments and identified no mistake affecting the outcome.

Material Facts

  • The appeal involved The Boeing Company under Contract No. W58RGZ-09-C-0161.
  • The software was developed with costs charged to a Technology Investment Agreement pursuant to 10 U.S.C. § 2358.
  • The contract incorporated FAR 52.202-1.
  • The Technology Investment Agreements at issue stated that they were not procurement contracts.
  • The Board’s prior decision granted summary judgment in favor of Boeing.
  • The Army’s reconsideration motion asserted three alleged legal errors concerning deference, the meaning of costs not allocated to a government contract, and the Board’s treatment of case law.
  • The 2010 regulatory language relied upon by the Army was proposed but unadopted.

Parties

Appellant
The Boeing Company
Respondent Agency
Department of the Army
Contract Number
W58RGZ-09-C-0161
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