General Dynamics Corporation and Subsidiaries - Page 55

                                       - 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

Last modified: May 25, 2011