- 59 - contractor's costs exceed the target cost), its profits are being impacted, even prior to reaching the point of total cost assumption. Prior to reaching the point of total cost assumption, however, the contractor bears its share of the cost overrun as provided for by the share line. In [Contract 2034], petitioner would have borne 40 cents of every dollar of cost overruns up to the point of total cost assumption at which point it would have borne 100% of the cost overruns. [Citations omitted.] We agree with petitioner that the point of total cost assumption in a fixed-price incentive contract is determined by the relationship between the target cost, the target profit, and the share line. Contract 2034 had only one share line and, accordingly, only one point of total cost assumption. Thus, respondent's argument is not borne out by the facts. Respondent has also asked us to find that Under the provisions of Contract 2034, as definitized by * * * [P00 80], when a final determination is made, if no single program year exceeds its ceiling, then the profits on the other three program years, would not be affected. We agree with petitioner that respondent's requested finding is misleading because there is only one ceiling price and one incentive price revision for the entire contract; there are no separate program year ceilings or price determinations. In a similar vein, respondent also argues that the dependency of price terms among the program years under the incentive provisions might be entitled to some weight in the determination to treat Contract 2034 as several agreements if there was a significant probability that the cost overrunsPage: Previous 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 Next
Last modified: May 25, 2011