PRESS RELEASE
FROM THE OFFICE OF
Congressman Artur Davis
7th Congressional District of Alabama
208 Cannon House Office Building
Washington, DC 20515-0107
image of U.S. Congress seal with capitol dome in the background

  FOR IMMEDIATE RELEASE  
May 21, 2008
 

CONGRESSMAN DAVIS URGES FULL FUNDING

OF AIR FORCE KC-45 TANKER PROJECT

 

WASHINGTON - Today U.S. Representative Artur Davis (D-AL) submitted correspondence to the House Rules Committee requesting amendments that would block funding for the Air Force KC-45 tanker project slated for Mobile, Alabama not be allowed during debate of the Defense Department Authorization bill this week.

 

In the letter, Davis noted the importance of the tanker project to the nation’s defense, and the need to allow the Government Accounting Office to announce findings from its investigation of the procurement process next month.  Northrop Grumman/EADS received the contract. However an appeal has been filed by Boeing Corporation. The GAO is scheduled to release its findings June 19 after the required 100 day review. 

 

From the letter: “If there is a flaw in the KC-45 decision-making process, a nonpartisan institution like the GAO should be trusted to find it. Unless that event occurs, the US Congress should not take any action related to the development of the KC-45. ”

 

Other supporters joining Congressman Davis on the letter including Representatives Bennie Thompson (D-MS), James Oberstar (D-MN ), G.K. Butterfield (D-NC ), James Moran (D-VA ), Jim Cooper (D-TN ), and Alan Mollohan (D-WV).

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May 21, 2008

 

Chairwoman Louise Slaughter

Committee on Rules

H-312 The Capitol

Washington, DC 20515

 

Dear Chairwoman Slaughter:

We write regarding H.R. 5658, The National Defense Authorization Act of FY 2009, which is set to be on the House floor this week.  We understand that Members may seek to offer amendments to undo the Air Force’s selection of Northrop Grumman to build the KC-45 Aerial Refueling Tanker at a facility in Mobile, Alabama. We urge the Rules Committee to reject these amendments, which would circumvent a legitimate Air Force contracting decision.

The replacement of the Eisenhower-era KC-135 tanker has been a top priority for the Air Force. Currently, the average age of the fleet is 48 years old – older than any other force element within the US Air Force inventory.  In order to replace this fleet, the Air Force held an open competition to ensure that it acquires the most capable system for America’s warfighters at the best value for American taxpayers.

Following the tanker lease scandal several years ago, the US Air Force initiated a rigorous process in 2004 to ensure that the replacement process of the KC-135 replacement was as fair and transparent as possible.  This acquisition process involved unprecedented levels of consultation with procurement experts from GAO and featured the most sophisticated methodologies for vetting the effectiveness of the bids submitted. Throughout the procurement process, the Air Force also provided continual feedback to the final competitors, Boeing and Northrop Grumman, regarding the strengths and weaknesses of their submissions.

Northrop Grumman emerged as the winner, and to this day, no evidence has emerged that would undermine the integrity of the quality of the Air Force selection process. Boeing has invoked its right to file a protest with the GAO, which has 100 days to review the merits of the claim.  This timetable will expire on June 19, 2008.  In the interim, no work has proceeded on the project. 

We certainly appreciate that some of our colleagues in Kansas and Washington State are disappointed that a Boeing defeat means that the jobs associated with this project will not be coming to their districts.  We are also aware that some of our colleagues are concerned that a foreign entity, European Air Defense Systems (EADS), will participate in the manufacturing component of the KC-45. But these disputes pale beside a broader institutional value: Congress should avoid interfering with military contracting decisions and should defer to the internal appeals process that is already in place.

If the House were to circumvent that appeals process in this instance, we would assure that the losers in every contracting process would try to reverse the outcome on the floor. Congress would become the de facto review board for complex, technical decisions that are outside the expertise of the overwhelming majority of our members. In addition, the unpredictability of Congress asserting such a role would discourage quality competitive bids.  At a minimum, potential contractors would fear that a process that is already lengthy would be saddled with the inevitable delays that would result from Congressional interference.

If there is a flaw in the KC-45 decision-making process, a nonpartisan institution like the GAO should be trusted to find it. Unless that event occurs, the US Congress should not take any action related to the development of the KC-45. 

Therefore, we would urge that the Rules Committee declare “not in order” any amendments that would hinder the GAO process or would otherwise withhold funding for the KC-45 project. 

 

Sincerely,

 

___________________________________                   _______________________________________
ARTUR DAVIS                                                                                    JAMES OBERSTAR
Member of Congress                                                                     Member of Congress

                                                                                               

___________________________________                   ______________________________________
BENNIE THOMPSON                                                                       JAMES MORAN
Member of Congress                                                                     Member of Congress

 

___________________________________                   ______________________________________
G.K. BUTTERFIELD                                                                            JIM COOPER
Member of Congress                                                                     Member of Congress

 

___________________________________
ALAN MOLLOHAN
Member of Congress