Wynne v. United Technologies Corporation

463 F.3d 1261 (2006)

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Wynne v. United Technologies Corporation

United States Court of Appeals for the Federal Circuit
463 F.3d 1261 (2006)

  • Written by Liz Nakamura, JD

Facts

The United States Air Force (plaintiff) petitioned the Armed Services Board of Contract Appeals (Board) for a $300 million contract price reduction for its contract with United Technologies Corporation (UTech) (defendant). The Air Force argued that, under the Truth in Negotiations Act (TINA), it was entitled to a reduction because UTech submitted defective cost-or-price data in both its initial proposal and its Best and Final Offer (BAFO). On review, the Board found that (1) UTech made several mistakes in its cost-or-pricing data, but that UTech’s mistakes ultimately did not result in the Air Force being overcharged; and (2) because the Air Force could not prove that it reviewed UTech’s cost-or-pricing data prior to awarding the contract, the Air Force could not establish that it relied on UTech’s defective cost-or-pricing data to its detriment. Accordingly, the Board denied the Air Force’s petition for a TINA contract price reduction. The Air Force appealed.

Rule of Law

Issue

Holding and Reasoning (Clevenger, J.)

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