PRESS RELEASE FROM THE OFFICE OF Congressman Artur Davis 7th Congressional District of Alabama 208 Cannon House Office Building Washington, DC 20515-0107 |
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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, ___________________________________ _______________________________________
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