Texas Instruments Incorporated v. The United States

CLEVENGER, Circuit Judge.

Texas Instruments Incorporated (“TI”) appeals the final decision of the Armed Services Board of Contract Appeals (“ASBCA”) that “the amount of $628,069 is determined to be a fair and reasonable price for [Contract] Modification PK0005.” Texas Instruments Inc., 90-1 BCA (CCH) 1122,537, at 113,097, 1989 WL 222693 (ASBCA Sept. 29, 1989) (“TI II”). In an earlier non-final decision, upon cross-motions for partial summary judgment, the ASBCA had determined that TI and the Administrative Contracting Officer (“ACO”) had not reached a final binding agreement on a price of…