- 62 - Petitioner argues that the Air Force and Congress established that substantial cost savings would be accomplished using the multiyear form of procurement in place of the previous annual contracts. Petitioner hoped to benefit from this by earning a higher profit rate than it had earned under annual contracts. Petitioner concedes that the Air Force and petitioner tracked costs by program year and that each aircraft ordered was identified in connection with a program year. Petitioner also agrees with respondent that billing prices could be adjusted to reflect petitioner’s performance under Contract 2034. Petitioner, however, argues that it is equally clear that Contract 2034 was one contract, with one pricing formula, and, regardless of amounts advanced to petitioner during the course of the contract, all 480 aircraft ordered by Contract 2034 were interdependently priced, and petitioner’s profit was not determinable until Contract 2034 was completed. The customary business practices of the parties had not been to enter into multiyear contracts. Instead, annual price negotiation and funding were the customary practice. The parties retained some of the prior practices such as reliance on the annual Government budget process. The parties also departed significantly from the prior practices by their entry into a 4- year commitment. Each side stood to benefit by the extended period, and each exposed itself to certain risks by undertakingPage: Previous 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 Next
Last modified: May 25, 2011