Alabama Aircraft Industries Files Lawsuit Challenging Air Force's KC-135 Contract Award to Boeing
June 26 2008 - 10:08AM
Business Wire
Alabama Aircraft Industries, Inc. (AAII) announced today that it
will be filing a lawsuit in the United States Court of Federal
Claims challenging the United States Air Force�s selection of
Boeing for a $1.1 billion contract to maintain the fleet of KC-135
refueling tankers. On December 27, 2007, the Government
Accountability Office (GAO) sustained in part a protest filed by
AAII. The GAO found that last minute and unexplained changes in
Boeing�s proposed prices raised issues of price realism and
proposal risk. On February 1, the GAO again ruled in AAII�s favor
on these issues, denying the Air Force Request for Reconsideration.
Despite the GAO�s December 27 and February 1 decisions, on June 13
the GAO denied AAII�s request for further relief and the Air Force
has decided to press forward with an award to Boeing. AAII�s firm
belief is that, if proposals were evaluated fully and reasonably,
it would be selected due to its past contract performance, lower
price and consistently higher quality in maintaining the KC-135
fleet. AAII has decided to pursue this matter in Court because the
Air Force failed to take appropriate corrective action in response
to the GAO�s December 27 and February 1 decisions. AAII is asking
the Court of Federal Claims to order the Air Force to conduct a
full and proper evaluation and to ensure compliance with applicable
law. AAII notes that the Air Force�s KC-135 PDM procurement has a
long and questionable history and continues to be the subject of
allegations of bias, conflicts of interest, and procurement
integrity violations. Judicial review should provide a greater
opportunity for thorough review of these issues than the limited
administrative process at the GAO. AAII believes review by the
Court of these, as well as other multiple issues contained within
the Complaint, will provide compelling evidence that the current
widespread concerns about the acquisition process and the award are
valid. AAII President Ron Aramini issued a statement on the filing
of the lawsuit: "We believe that the Air Force�s award of the
KC-135 maintenance contract to Boeing is significantly flawed. AAII
intends to pursue its right to seek review by the Court with the
hope and expectation that, following a full review, the Air Force�s
award will be overturned and a new competition ordered.� Alabama
Aircraft Industries, Inc. (AAII), with executive offices in
Birmingham, Alabama, and facilities in Alabama, and California,
performs maintenance and modification of aircraft for the U.S.
Government. The company also provides aircraft parts and support
and engineering services and full service overhaul and repair for a
wide range of aircraft. AAII also develops and manufactures rocket
vehicles and control systems, and precision components for the
aviation industry. This press release contains forward-looking
statements made in reliance on the safe harbor provisions of
Section 27A of the Securities Act of 1933, as amended, and Section
21E of the Securities Exchange Act of 1934, as amended. These
statements may be identified by their use of words, such as
�believe,� �expect,� �intend,� �anticipate,� �estimate� and other
words and terms of similar meaning, in connection with any
discussion of the Company's prospects, financial statements,
business, financial condition, revenues, results of operations or
liquidity. Factors that could affect the Company's forward-looking
statements include, among other things: changes in global or
domestic economic conditions; the loss of one or more of the
Company's major customers; the Company's ability to obtain
additional contracts and perform under existing contracts; the
outcome of pending and future litigation and the costs of defending
such litigation; financial difficulties experienced by the
Company's customers; potential environmental and other liabilities;
the inability of the Company to obtain additional financing;
material weaknesses in the Company�s internal control over
financial reporting; regulatory changes that adversely affect the
Company's business; loss of key personnel; and other risks detailed
from time to time in the Company's SEC reports, including its most
recent Annual Report on Form 10-K and Quarterly Reports on Form
10-Q. The Company cautions readers not to place undue reliance on
any forward-looking statements, which speak only as of the date on
which they are made. The Company does not undertake any obligation
to update or revise any forward-looking statements and is not
responsible for changes made to this release by wire services or
Internet services.
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