From Google news and the WSJ:
By PETER SANDERS
Northrop Grumman Corp. said Monday it would drop out of a protracted quest to win a $40 billion contract to build the Air Force's next generation of aerial-refueling planes, leaving Boeing Co. as the only competitor left standing.
The move forces Congress and the Pentagon to decide whether to award a massive military contract without a real competition.
The tanker contract had come to represent an extreme example of how large weapons contracts can get bogged down in politicized protests which can drag on for years. Boeing first won the contract in 2002 and then lost it. Northrop and its partner, European Aeronautic Defence & Space Co.'s Airbus unit, secured it in 2008, setting off complaints the U.S. was enriching a foreign airplane builder. After Boeing successfully protested the selection process, the Pentagon was forced to start over again last year.
With only a few big weapons contracts up for bid, the competition among defense firms has become more cutthroat. Losing bidders now almost routinely file formal appeals with government auditors when big-dollar contracts don't go their way. In addition, members of Congress are more willing to wade into the process because so many jobs and funds for their districts are at stake.
The years of delay had required the Air Force to keep their Eisenhower-era fleet of tankers in service long after they had been slated for retirement.
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European Pressphoto Agency A tanker aircraft KC-30 during the refuelling of a US B2 bomber in the air.
In a statement, Northrop Chief Executive Wes Bush said the company wouldn't protest the contract and, in effect, handed the victory to Boeing. Mr. Bush said that while Northrop believes it had grounds to successfully protest the contract proposal, it would have caused another lengthy delay.
"America's service men and women have been forced to wait too long for new tankers….Taking actions that would further delay the introduction of this urgent capability would also not be acting responsibly," he said.
The tanker contract was initially awarded to Boeing in 2002. At that time, the plan was for the Air Force to lease the tankers from Boeing rather than buy a new fleet. But criticism of that arrangement came quickly, especially from Arizona Sen. John McCain, who argued it would be a better deal for the Air Force to buy the planes. The Congressional Budget Office also said the deal wasn't fiscally sound.
In late 2003, the contract was scuttled amid allegations of a major contracting scandal between Boeing's then chief financial officer and a senior Air Force weapons buyer who joined the company. Both the ex-Air Force official and Boeing executive went to jail over the issue of illegal job negotiations.
In 2006, the Air Force restarted the process and Boeing and Northrop and its European partner EADS submitted bids. In February 2008, the Pentagon awarded the contract to the Northrop team, which proposed using the Airbus A330 jet, a larger entrant than Boeing's 767.
Boeing quickly lodged a protest with the Government Accountability Office concerning the Air Force's selection process. That protest was eventually successful and the GAO overturned the Northrop victory.
The Pentagon reinitiated the process last year. Northrop soon began hinting that it felt the latest contest favored Boeing. That thinking led to Monday's announcement to withdraw.
Some applauded Northrop's pledge not to protest the new competition as a gesture of fair play. "I want to hail Wes Bush and Northrop on their decision," said Rep. Norm Dicks, a Washington Democrat whose state includes many Boeing facilities.
The Pentagon had already been girding for the possibility that it might be left with only one bidder. Earlier this month, Air Force Secretary Michael Donley said that the Pentagon is prepared for a sole-source contract that could still be fair. Mr. Donley said there were ample mechanisms in place to ensure that tax payers get a fair deal.
Boeing spokesman William Barksdale said the firm "intends to submit a fully responsive, transparent and competitive proposal that meets the terms the Air Force has announced."
"We are disappointed by Northrop's decision not to submit a bid for the...program," Deputy Defense Secretary William Lynn said. "We strongly believe that the current competition is structured fairly and that both companies could compete effectively."
The decision also dismayed many lawmakers from regions such that stood to benefit from a Northrop win. "I am deeply disappointed that Northrop Grumman was unable to submit a bid for the KC-X tanker program. Frankly, I am outraged at the Defense Department's bungling of this contract for what is now the third time," Rep. Jo Bonner (R., Ala.) said in a statement. Northrop had planned to build an assembly plant in Alabama.
Republican Alabama Senator Richard Shelby, a critic of the latest tanker process, blasted the Air Force. "This so-called competition was not structured to produce the best outcome for our men and women in uniform; it was structure to produce the best outcome for Boeing."
When the Air Force set out the terms for the new tanker contract last year, both Northrop and EADS believed that it favored Boeing. Northrop and EADS warned that it might not participate if the terms weren't altered.
It remains to be seen whether any lawmakers will try to force the process to be opened up once again. In recent years, Boeing, Lockheed Martin Corp. and United Technologies Corp. have all successfully protested contracts. In 2007, the GAO overturned a $15 billion contract awarded to Boeing to build a fleet of Air Force helicopters.
"As a team, our serious concerns were expressed to the Department of Defense and the U.S. Air Force that the acquisition methodology outlined in the request for proposal would heavily weight the competition in favor of the smaller, less capable Boeing tanker. Northrop Grumman's analysis of the RFP reaffirmed those concerns and prompted the decision not to bid," EADS North America Chairman Ralph Crosby Jr. said in a statement.
Write to Peter Sanders at [email protected]