- 16 - (c) Payment for Increased Baffle Production One of ERG’s principal customers was Hercules. During the years at issue, ERG produced a baffle system on behalf of Hercules with respect to the Trident II D-5 U.S. Navy Fleet Ballistic Missile Program.14 At some point, Hercules requested an increase in the production of baffle sets. ERG, through Burton, indicated that to increase production ERG would require additional equipment and materials. On or about November 22, 1989, Hercules and ERG entered into a memorandum of agreement (MOA), whereby Hercules agreed to pay $483,098 as an add-on cost to increase production of the baffle sets delivered by ERG.15 The MOA was unique because it called for Hercules to “facilitize” or fund ERG’s plant and equipment, the cost of which is normally paid for by the owner of the plant and equipment. Attached to the MOA is “schedule 1", which lists the equipment and their associated prices as contemplated by the 14The baffles were made from ERG’s foam metal. 15Under the MOA, the add-on cost was spread over the invoicing of the baffle sets delivered. The MOA states in pertinent part: The add-on cost per Baffle per year will be the sum of the seven year double declining schedule amount for that particular year plus the Cost Accounting Standards cost of money, * * * evenly divided among the number of Baffles that are scheduled to be delivered within that year. * * *Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011