Raytheon Company

Material Facts

• The Lot 27 contract was a firm-fixed-price contract for missiles, telemetry units, other deliverables, and SEPM services.
• Raytheon appealed the contracting officer's denial of claims for extra and additional SEPM services.
• The government moved to amend its answer approximately two months before the scheduled hearing.
• The proposed affirmative defense alleged that Raytheon participated in unfunded contract actions and that its claims were barred under the unclean-hands doctrine.
• Raytheon asserted that Air Force personnel had consistently claimed that the Lot 27 contract was fully funded.
• Raytheon asserted that it would need discovery, complex funding and budget inquiries, and expert evidence to address the proposed defense.
• The government stated that recent depositions of Raytheon personnel had revealed an undisclosed pre-award plan concerning future appropriated funds.
• The Board did not extend the hearing commencement date but permitted further discovery and record submissions.

Parties

Appellant

Raytheon Company

Respondent Agency

Air Force

Contracting Agency

Air Force

Contract Number

FA8675-13-C-0003