On Wed, 18 Jun 2008 18:37:56 -0400, Bob Noel
wrote in
:


http://www.gao.gov/press/press-boeing2008jun18_3.pdf

Of particular note (to this non-lawyer) is:

"The GAO recommended that the Air Force reopen discussions with the
offerors, obtain revised proposals, re-evaluate the revised proposals,
and make a new source selection decision, consistent with the GAO¹s
decision. The agency also made a number of other recommendations
including that, if the Air Force believed that the solicitation, as reasonably
interpreted, does not adequately state its needs, the Air Force should amend
the solicitation prior to conducting further discussions with the offerors; that
if Boeing¹s proposal is ultimately selected for award, the Air Force should
terminate the contract awarded to Northrop Grumman; and that the Air Force
reimburse Boeing the costs of filing and pursuing the protest, including
reasonable attorneys¹ fees. By statute, the Air Force is given 60 days to
inform the GAO of the Air Force¹s actions in response to GAO¹s recommendations."

Thanks for that information.

This looks like an opportunity for the USAF to perhaps end up with a
price reduction on the contract.

Here's an excerpt from Northrop Grumman's last press release before
the GAO ruling:

http://www.irconnect.com/noc/press/p....html?d=144827
In addition, more delay makes it more likely that money currently
set aside for the tanker program could be diverted to other
service or U.S. Department of Defense programs. The loss of these
funds would require drawing on monies set aside for the KC-X
program in 2009, which in turn would cause rippling delays to the
entire effort and ultimately increase the overall cost of the new
tankers.

"While Boeing was within its rights to protest, it has knocked the
program three months off schedule," Belote added. "Further delay
will achieve nothing but an increase in cost and risk." GAO
affirmation of the Air Force selection will be the second win in a
row for Northrop Grumman and the KC-45.