Sat, Nov 28, 2009
GD Says It Will Petition SCOTUS
The U.S. Court of Appeals for the
Federal Circuit denied a request for a rehearing of the Federal
Circuit's prior decision sustaining the government's default
termination of the A-12 aircraft contract on Tuesday. General
Dynamics and Boeing were parties to the contract with the Navy.
General Dynamics disagrees with this most recent decision and
continues to believe that the government's default termination was
not justified. The company also believes that the ruling provides
significant grounds for appeal, and intends to petition the U.S.
Supreme Court for review.
In 1988, the Navy awarded the $4.8
billion fixed-price contract for development of the A-12, which was
to be a stealthy, carrier-based attack aircraft. The program
encountered serious technical difficulties, and in 1991, after the
Department of Defense refused to approve additional funding for the
program, the Navy terminated the contract because it was
substantially over budget and behind schedule.
On appeal for the third time, the court of appeals on June 2,
2009 affirmed the 2007 judgment of Court of Federal Claims Judge
Robert B. Hodges Jr., holding that the Navy had properly terminated
the contract for default.
Under the decision, the contractors are required to repay the
government more than $1.35 billion in principal for funds advanced
under the contract, plus interest accruing since 1991, for a total
sum that currently approaches $2.8 billion.
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