BOEING CO. v. U.S.

Appeal No. 88-1298.

862 F.2d 290 (1988)

The BOEING COMPANY, Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

November 30, 1988.


Attorney(s) appearing for the Case

Richard W. Oehler of Perkins Coie, Seattle, Wash., argued for appellant. With him on the brief was Harold F. Olsen.

Gregory A. Harrison, Dept. of Justice, Washington, D.C., argued for appellee. John R. Bolton, Asst. Atty. Gen., David M. Cohen, Director, M. Susan Burnett, Asst. Director and Paul F. McQuade, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., were on the brief for appellee. Also on the brief were Major Scott Bagley, Office of the Judge Advocate Gen., Dept. of the Air Force and Richard L. Hanson, Dept. of the Air Force, of counsel.

Before MARKEY, Chief Judge, RICH and BISSELL, Circuit Judges.


BISSELL, Circuit Judge.

The Boeing Company (Boeing) appeals the decision of the Armed Services Board of Contract Appeals (Board), Boeing Co. — Boeing Military Airplane Div., ASBCA No. 29793, 88-1 BCA ¶ 20,380 (1987) [available on WESTLAW, 1987 WL 46116], holding that all of Boeing's bid and proposal (B & P) costs incurred to enhance its ability to receive a Phase 2 contract must be recorded as direct costs of the Phase 1 contract, Contract No...

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