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Old February 28th 08, 04:49 PM posted to rec.aviation.piloting
AJ
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Posts: 108
Default Lawsuits gone wild!

(From Aero-News.net

Washington Guv Raises Possibility Of Legal Action If KC-X Doesn't Go
To Boeing
Gregoire Believes Hometown Team Will Win Contract

At this writing, Boeing hasn't lost the US Air Force's KC-X contract
to provide the service with new tankers just yet -- and many analysts
feel a Boeing win over a team comprised of EADS and Northrop Grumman
is all-but assured. But that didn't stop the governor of Washington
from threatening a possible legal protest if Boeing is denied the
contract.

Speaking to reporters Tuesday after a meeting with the state's
congressional delegation, Gov. Chris Gregoire said the state could
file a congressional inquiry or take another course of action if
Boeing isn't awarded the KC-X deal.

A decision from the Air Force was originally said to be coming as soon
as Wednesday evening... though officials said Wednesday afternoon not
to expect an announcement until Friday, at the earliest.

Gregoire then stressed she still believes Boeing will come out on top,
reports The Seattle Post-Intelligencer. "I'm banking on us getting
it," she said. "I just think we win if it's done absolutely without
politics, based on experience, work force, all of that. So I'm feeling
good about this.

"If we don't win, then I think there'll be a lot of questions asked
about why in the world would Boeing, with that work force, that
expertise, that experience, that history -- how could they not have
gotten this?" Gregoire then added, muddying the waters somewhat. "My
sense is there'll be a lot of questions raised and then we'll get into
the protest."

Of course, Gregoire isn't the first person to raise the ominous
specter of legal action, from either side of the hotly-contested KC-X
battle. As ANN has reported extensively, Boeing is offering its KC-767
aerial refueling platform to replace 179 aging KC-135 tankers in the
Air Force fleet; Northrop/EADS has countered with a variant of its
KC-330 Multi-Role Tanker Transport.

Boeing recently delivered the first KC-767 to Japan, albeit one year
behind schedule; the KC-330 is still undergoing development.

The contract to be awarded shortly is the first of three phases of the
KC-X program, which aims to ultimately replace 502 aging tankers. Both
sides have appealed to lawmakers in Washington and Kansas (Boeing) and
Alabama (EADS/Northrop) to support their respective bids, touting new
jobs and economic growth.

Federal law allows losing bidders on federal contracts to appeal to
the Government Accountability Office, if they allege the agency
involved violated terms of the procurement agreement when selecting
the winning contract.

Such a battle is now underway with another Air Force program -- the
CSAR-X search-and-rescue helicopter bid, which was originally awarded
to Boeing's HH-47 in November 2006. Losing bidders Sikorsky and
Lockheed promptly lodged protests... and the Air Force, after some
stalling, agreed to reopen the bidding process last year.

There's also a fair amount of political irony here... as in 2005,
Gregoire was among the most vocal supporters of efforts by three
Washington counties to bring the KC-30 assembly plant to the state.