The Boeing Company

Material Facts

• The Air Force awarded Boeing Delivery Order 0138 under Contract No. F33657-01-D-0026 for work under the F-15 Eagle Passive/Active Warning Survivability System program.
• The Air Force awarded Boeing Contract No. FA8634-17-C-2650 for additional work under the EPAWSS program.
• The contracts incorporated the 1995 and 2014 versions of DFARS 252.227-7013.
• Both contracts required Boeing to deliver technical data with unlimited government rights.
• Boeing retained ownership of the data.
• Boeing submitted more than 50 technical data deliverables according to its complaint.
• The government rejected or disapproved the deliverables because it contended that Boeing's marking legends were nonconforming.
• The contracting officer directed Boeing to remove the legends at its own expense and resubmit the data.
• Boeing's proposed legends included proprietary, third-party-disclosure, and copyright language.
• The contracting officer concluded that the only authorized legends were those identified in DFARS 252.227-7013(f).

Parties

Appellant

The Boeing Company

Respondent Agency

Air Force

Contracting Agency

Air Force

Contract Number

F33657-01-D-0026; FA8634-17-C-2650