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NAVCOM DEFENSE ELECTRONICS, INC., Plaintiff-Appellee, v. BALL CORPORATION, Defendant-Appellant

Citations: 92 F.3d 877; 96 Daily Journal DAR 9681; 96 Cal. Daily Op. Serv. 5891; 41 Cont. Cas. Fed. 76,975; 1996 U.S. App. LEXIS 19897; 1996 WL 445329Docket: 94-56396

Court: Court of Appeals for the Ninth Circuit; August 8, 1996; Federal Appellate Court

Narrative Opinion Summary

The United States Court of Appeals for the Ninth Circuit addressed an appeal concerning a subcontract dispute between NavCom Defense Electronics, Inc. and Ball Corporation. NavCom, as the prime contractor, subcontracted Ball for antenna manufacturing under an Air Force radar altimeter system contract. Disputes emerged over testing criteria compliance, with NavCom asserting failures and Ball claiming adherence to Air Force standards. Ball sought a $1,467,949 equitable adjustment for redesign costs, prompting a procedural conflict over arbitration versus contracting officer jurisdiction under the Contract Disputes Act of 1978. The district court favored NavCom, enjoining arbitration and leaving dispute resolution to the Court of Federal Claims. On appeal, the Ninth Circuit reversed the summary judgment, ruling Ball's claims arbitrable as they fall outside the contracting officer's purview, and remanded for proceedings consistent with this finding. The appellate decision emphasized contract interpretation, highlighting the inapplicability of government dispute procedures to contractor-subcontractor disagreements and clarified arbitration's role in resolving such conflicts. NavCom was held accountable for appeal costs, with the case partially affirmed, reversed, vacated, and remanded.

Legal Issues Addressed

Arbitrability of Subcontractor Disputes

Application: The appellate court determined that disputes between NavCom and Ball are subject to arbitration under their contract, as they cannot be resolved by the contracting officer.

Reasoning: Ball's claims against NavCom are deemed arbitrable under the contract.

Interpretation of Ambiguous Contract Specifications

Application: The case involved disputes over the interpretation of ambiguous Air Force specifications, with Ball arguing such ambiguities should result in government liability for redesign costs.

Reasoning: Ball proposed a redesign to meet the strictest interpretation of the specification, arguing that the Air Force should cover the redesign costs since their ambiguous specification led to the original antenna's design.

Role of Contracting Officer under the Contract Disputes Act

Application: The court held that the contracting officer's jurisdiction does not extend to disputes between a contractor and subcontractor, limiting claims by contractors against the government only.

Reasoning: Under the Contract Disputes Act (CDA) of 1978, only claims by contractors against the government can be submitted to the contracting officer, and subcontractors lack standing to enforce claims under the CDA unless sponsored by the prime contractor.

Summary Judgment Standards in Appellate Review

Application: The appellate court reversed the district court's summary judgment favoring NavCom, issuing summary judgment for Ball at the appellate level, despite Ball not seeking it initially.

Reasoning: The appellate court granted summary judgment for Ball, reversing the district court's decision that favored NavCom and vacated the order that enjoined arbitration.