9. Ryan Aircraft Co. fabricates aircraft for the Government and civilian use. Th
ID: 2762417 • Letter: 9
Question
9. Ryan Aircraft Co. fabricates aircraft for the Government and civilian use. They produced a series of aircraft that established superiority in the air in the Korean War. That aircraft was the F-85, an air superiority fighter which overwhelmed the Russian MIG-17’ in the war in Korea. It was so successful that it went through several minor changes from the F-85A, the F-85B and the F-85C. Thousands of F-85 aircraft, A’s, B’s and C’s were delivered. The Air Force needed a new Interceptor aircraft, but new programs were difficult to get approved at the time. The Air Force had an idea. Change the F-85 to an interceptor aircraft and authorize it as a change to the basic F-85 program. They called it the F-85-D and issued a change order to the original F-85 contract. The change required adding 10 rockets housed in a retractable pod which had to be added. They added a large bulbous radome to accommodate the new guidance system. These changes increased the weight of the aircraft by 25,000 lbs, and required a new more powerful engine. It was no longer an air superiority fighter. It was a new airplane, an interceptor. Douglas Aircraft had an interceptor fully developed on the drawing boards at this time, and filed a protest with the General Accounting Office (GAO), now named the Government Accountability Office. They contended this award was outside the scope of the original F-85 contract, and could not be made as a contract change under the changes clause of that contract. Douglas argued the award was an abuse of the Changes Clause and that the F-85-D program with Ryan, contracted for as a change, should be canceled and the new interceptor should be competed. What would be the likely result of the protest, and what would be the rationale for the decision?
Explanation / Answer
The likely result of the protest was that, Ryan Aircraft Company would not be able to say that these as changes to the existing F-85 class aircraft and this claim would not be allowed. The rationale for this decision is that as they added so many features to the successful F- 85 aircraft, it became a new interceptor aircraft and was no more a superiority fighter aircraft. Hence this was an abuse of the change clause and cannot be classified as an F-85D aircraft.
In conclusion, Douglas was right is filing a protest petition against Ryan as it would give Ryan an undue advantage of selling a new interceptor aircraft in the name of a fighter plane.
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