The Boeing Company

• Court: Armed Services Board of Contract Appeals
• Decided: April 6, 2023
• Docket: 63360-ADR
• Status: Published

Opinion

ARMED SERVICES BOARD OF CONTRACT APPEALS

Appeal of - ) ) The Boeing Company ) ASBCA No. 63360-ADR ) Under Contract No. FA8634-12-C-2651 )

APPEARANCES FOR THE APPELLANT: Scott M. McCaleb, Esq. Jon W. Burd, Esq. Gary S. Ward, Esq. Lisa M. Rechden, Esq. Wiley Rein LLP Washington, DC

APPEARANCES FOR THE GOVERNMENT: Caryl A. Potter, III, Esq. Air Force Deputy Chief Trial Attorney Josephine R. Farinelli, Esq. Maj Ashley Ruhe, USAF Maj Candice D. Schubbe, USAF Trial Attorneys

OPINION BY ADMINISTRATIVE JUDGE HARTMAN

The parties have resolved their dispute and request that the Board enter judgment in favor of appellant. It is the Board’s decision, pursuant to 41 U.S.C. §§ 7105(e), 7108(b), and the parties’ settlement agreement and joint motion for entry of consent judgment, that this appeal is sustained. In the nature of a consent judgment, the Board makes a monetary award that it has reviewed and determined to be fair and reasonable to the appellant in the amount of $62,000,000. This amount is inclusive of interest. No further interest shall be paid.

Dated: April 6, 2023

TERRENCE S. HARTMAN Administrative Judge Armed Services Board of Contract Appeals (Signatures continued) I concur I concur

JOHN J. THRASHER OWEN C. WILSON Administrative Judge Administrative Judge Chairman Vice Chairman Armed Services Board Armed Services Board of Contract Appeals of Contract Appeals

I certify that the foregoing is a true copy of the Opinion and Decision of the Armed Services Board of Contract Appeals in ASBCA No. 63360-ADR, Appeal of The Boeing Company, rendered in conformance with the Board’s Charter.

PAULLA K. GATES-LEWIS Recorder, Armed Services Board of Contract Appeals