EADS North America, Inc., B-291805, March 26, 2003
B-291805: Mar 26, 2003
EADS asserts that the Air Force is required by recent statutory changes to terminate its order for two C-40 aircraft already ordered under the contract and to compete that requirement. " on the basis that "[t]he Boeing Company is the manufacturer of the C-40B and C-40C special mission aircraft and the only contractor that has demonstrated the expertise and working knowledge necessary to provide these aircraft.". The synopsis stated that "any capable and qualified offeror that has the ability and capacity to supply C-40 aircraft and meet the required delivery schedule is invited to respond to this notice documenting these qualifications not later than 1 Apr[il] 02.". The J&A justified use of noncompetitive procedures on the basis that Boeing was the only source capable of furnishing the aircraft and services.