The Boeing Company

December 6, 2022Judge O'Connell

DismissedContract InterpretationAccord & Satisfaction / Release / Waiver

The Boeing Company appealed contracting officer final decisions concerning proprietary markings placed on non-commercial technical data delivered with unlimited rights under EPAWSS contracts. After remand from the Federal Circuit, the parties settled, and the Board dismissed the appeals with prejudice.

Material Facts

The Air Force awarded Boeing Delivery Order 0138 under the Indefinite Delivery Indefinite Quantity Eagle TALON Contract for the Technology Maturation and Risk Reduction phase of the EPAWSS program.
The Air Force separately awarded Boeing a contract for the Engineering and Manufacturing Development phase of the EPAWSS program.
Boeing submitted numerous non-commercial technical data deliverables to the Air Force with unlimited rights.
Boeing marked the technical data with a proprietary marking to notify third parties that Boeing retained rights in the data.
The Air Force issued contracting officer final decisions directing removal of the disputed legend as a nonconforming legend under DFARS 252.227-7013.
The Federal Circuit reversed the Board's denial of summary judgment, vacated the final decision denying Boeing's appeals, and remanded for further proceedings.
The parties entered into a mutual release and settlement agreement addressing the use of a permissible third-party legend and the parties' claims concerning the disputed legend.

Parties

Appellant: The Boeing Company
Respondent Agency: U.S. Department of the Air Force
Contracting Agency: Air Force
Contract Number: F33657-01-D-0026

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