sep 1, 2008 - GAO Report

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"pointed out the program was, for the second time (the first being 2004), facing cost increases that would almost certainly trigger a breach of the Nunn-McCurdy Act designed to prevent defense procurement programs from spiraling out of control. Such a breach would essentially put the program on probation, and subject to routine outside scrutiny. The solution to the problem was to simply re-classify the program as in the sustainment rather than development phase and thereby avoid the light of examination that comes with the latter category."

http://www.thespacereview.com/article/2042/2

https://www.gao.gov/new.items/d081039.pdf

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