General Dynamics Corporation and Subsidiaries - Page 62

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               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 undertaking             



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