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DONLEY v. LOCKHEED MARTIN CORP.

No. 2009-1261.

608 F.3d 1348 (2010)

Michael B. DONLEY, Secretary of The Air Force, Appellant, v. LOCKHEED MARTIN CORPORATION, Appellee.

United States Court of Appeals, Federal Circuit.

June 10, 2010.

Attorney(s) appearing for the Case

Stephen C. Tosini, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellant. With him on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Bryant G. Snee, Deputy Director.

Terry L. Albertson, Crowell & Moring LLP, of Washington, DC, argued for appellee.

Before BRYSON, CLEVENGER, and LINN, Circuit Judges.

BRYSON, Circuit Judge.

In 1991, the Air Force and Lockheed Corporation (now Lockheed Martin Corporation) entered into a contract for the development of the F-22 "new generation" fighter aircraft. The F-22 contract was a cost-plus-award fee contract with a total value of $9.55 billion. Under a cost-plus-award fee contract, a contractor is reimbursed for its costs and receives a profit, or fee. Northrop Grumman Corp. v. Goldin, 136 F.3d 1479<...

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