U.S. Trade Representative Frustrated With Protests

The U.S. Trade Representative, Ron Kirk, recently addressed European journalists. He expressed concerns that because there were really only two main rivals for this contract that they would automatically complain and protest an award to the other. He hoped that in the future the two companies, Boeing (BA) and EADS (EADS:P), would show “maturity and discipline”.

Unfortunately if EADS does submit a bid and Boeing wins there will most likely be a protest filed. The same if the other happens. Right now there is no guarantee that EADS will bid but reports are that they are considering it and requested more time from the Defense Department. There are only two real competitors for this contract. If the Pentagon wants competition they will need them to bid.

As in 2008 the loser will probably protest. There is always a chance that they will win and at least get a re-hearing. Worst case could be a fourth attempt at buying this critical aircraft. Mr. Kirk may want a situation with no protests but he most likely won’t get it.