LOCKHEED MARTIN v. SECRETARY OF AIR FORCE

2022-1035.

66 F.4th 1329 (2023)

LOCKHEED MARTIN AERONAUTICS COMPANY, Appellant v. SECRETARY OF the AIR FORCE, Appellee.

United States Court of Appeals, Federal Circuit.

Decided: April 25, 2023.


Attorney(s) appearing for the Case

Skye Mathieson , Crowell & Moring, LLP, Washington, DC, argued for appellant. Also represented by Stephen John McBrady.

Amanda Tantum , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for appellee. Also represented by Brian M. Boynton , Patricia M. McCarthy ; Christopher Judge Hilbor , Jeffrey Paul Hildebrant , Caryl Potter, III , Air Force Commercial Litigation Field Support Center, United States Air Force, Joint Base Andrews, MD.

Jason Nicholas Workmaster , Miller & Chevalier Chartered, Washington, DC, for amicus curiae National Defense Industrial Association. Also represented by Alejandro Luis Sarria.

Before Reyna, Mayer, and Hughes, Circuit Judges.


To expedite work on pressing government projects, the government can issue what are called "letter contracts" or "Undefinitized Contract Actions" ("UCAs"). UCAs allow contractors to begin work before the parties have reached a final agreement on contract terms, like price. The price is expected to be converted into a firm price...

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