- 55 - Petitioner also notes that the majority of the aircraft produced under Contract 2034 was delivered after all 4 program years were fully funded, and Contract 2034 was at all times administered as one contract for 480 aircraft. Petitioner also points out that if separate delivery per se justified severing, then Contract 2034 should be severed into 480 contracts for 480 separately delivered aircraft. Respondent contends that the Air Force and petitioner were required to establish target costs for each program year. Petitioner counters that the target costs were due to Congress' annual appropriations and inability legally to obligate funds for future years. The use of target costs and profits broken down by program years, however, had no bearing on petitioner’s ultimate profit upon completion of the contract, which was determined solely by reference to the single target cost, target profit, and share line or ratio adopted for Contract 2034. Respondent also argues that the liquidation of progress payments as each aircraft was accepted supports the attempt to sever Contract 2034 by program year. Respondent argues that the liquidation of progress payments under Contract 2034 is evidence that each of the 4 program years was independently priced. Liquidation of progress payments, however, would not enable petitioner to determine its profits on a program year basis with respect to each aircraft. Moreover, by calculating the amounts liquidated for each aircraft identified to a program year,Page: Previous 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Next
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