Which Characteristics Define a Fixed-Price Contract

(v) the prohibition on acquiring an additional fee where the total cost, timing and technical performance of a contractor are below satisfactory levels; (5) Whether contractors could be encouraged to respond to potential contracts through public relations to promote the exchange of information, such as.B. viii) method of payment and point of payment, unless otherwise specified in the contract (see 32.1110(e)). (i) with the exception of contracts of indefinite quantities for advisory and support services referred to in point (c)(2) of this Section, the contracting entity shall give preference to the maximum possible multiple award of contracts of indefinite quantities in the context of a single invitation to supply identical or similar supplies or services to two or more sources. (2) Amount of the surtax. The amount of the surcharge levied shall be proportional to the total cost, schedule and technical performance of the contractor, measured against the requirements of the contract in accordance with the criteria set out in the procurement cost plan. Additional costs will not be earned if the contractor`s overall total cost, schedule and technical performance are below satisfactory levels. The basis for all surcharge findings should be documented in the contract file to determine at least whether the overall cost, schedule and technical performance are satisfactory or not. This determination and the method of determining the surtax are unilateral decisions made at the sole discretion of the Government. (a) Description. A cost contract is a cost reimbursement contract in which the contractor receives no remuneration.

(F) Pursuant to Section 1331 of Public Law 111-240 (15 U.S.C. In accordance with Article 644(r), contract staff may, at their discretion, terminate the contracts of any small undertaking referred to in Point (a)(3) of Article 19.000. When releasing orders for small businesses, the specific requirements of the small business program set out in Part 19 apply. (b) The procuring entity may use a fixed-price procurement with an economic adjustment of prices in conjunction with a premium (see 16.404) and performance or delivery incentives (see 16.402-2 and 16.402-3) if the surcharge or incentive is based solely on factors other than cost. The type of contract remains fixed price with economic adjustment of prices when used with these incentives. g) It is important that the government and the contractor explicitly agree on the effects of the amendments to the contract (e.B. in accordance with the amendment clause). (3) The combination of resources that a contractor must have to meet the requirements for tasks or delivery notes. 16.301-1 Description.

The types of reimbursement of contracts provide for the payment of reimbursable costs incurred to the extent provided for in the contract. Such contracts shall specify an estimate of the total cost for the purposes of the commitment and the setting of a ceiling which the contractor may not exceed (except at its own risk) without the consent of the procuring entity. 16.301-2 Application. (a) The procuring entity may use reimbursement contracts only if, (1), circumstances do not allow the Agency to define its requirements to such an extent that a fixed-price procurement is possible (see 7.105); or (2) uncertainties related to the performance of the Contract do not allow the cost to be estimated with sufficient accuracy to use any type of fixed-price contract. (b) The procuring entity shall document the justification for the choice of the type of procurement in the written procurement plan and shall ensure that the procurement plan is approved and signed at least one level above the procuring entity (see 7.103 letters (j) and 7.105). 16.301-3 Restrictions. (a) A reimbursement contract may only be used if (1) the factors of 16,104 have been taken into account; (2) A written acquisition plan has been approved and signed at least one level above the procuring entity; 3. The contractor`s accounting system shall be appropriate for determining the costs applicable to the contract or contract; and (4) Prior to the award of the contract or contract, reasonable government resources are available to award and administer a contract other than a fixed price (see 7.104(e)). This includes appropriate government oversight during implementation in accordance with section 1.602-2 to provide reasonable assurance that effective methods and cost controls are applied. (b) The use of reimbursement contracts for the acquisition of commercial property is prohibited (see parts 2 and 12). (b) enforcement.

A cost-sharing agreement may be used if the contractor agrees to assume a portion of the costs in anticipation of significant offsetting benefits. (c) Government property provided for repair. If a demand contract is used to purchase work (p. ex. B repair, alteration or overhaul) on existing items of government property, the contracting officer must indicate in the list that the government`s failure to supply those items in the quantities or quantities described in the schedule as “estimated” or “maximum” does not qualify for a reasonable price adjustment in accordance with the government ownership clause of the contract. b) Impose trade-off decisions between incentive sectors that are consistent with the government`s overall procurement objectives. Due to the interdependence of government costs, technical performance, and delivery targets, a contract that focuses on only one of the objectives can compromise control over the others. Since exceptional results may not be achievable for each of the incentive areas, all multi-incentive contracts must include a cost incentive (or limitation) that excludes a contractor`s reward for superior technical performance or superior delivery results if the cost of those results outweighs their value to the government. Fixed-price agreements typically have the following characteristics (not all features need to be included in a fixed-price agreement): (1) Government oversight. A time and material contract does not provide the contractor with a positive incentive to profit for cost control or work efficiency.

Therefore, adequate government monitoring of the contractor`s performance is necessary to provide reasonable assurance that efficient methods and effective cost controls are being applied. (ii) for the acquisition of non-commercial items awarded without reasonable price competition (see 15.403-1(c)(1)), the contract shall set separate fixed hourly rates, including wages, overheads, general and administrative costs and profits for each category of workers to be developed by (A) mediation procedures that provide each successful bidder with a fair chance to be considered for each contract; and that reflect the requirement and other aspects of the contractual environment; To enter into a fixed-price agreement, all project activities must be completed. These include: A cost plus award fee contract is a cost reimbursement contract that provides for a fee consisting of (1) a base amount determined at the beginning of the contract, if any and at the customer`s discretion, and (2) an additional amount that the contractor can earn in whole or in part during performance and sufficient to provide motivation for excellence in cost areas, timing and technical performance. See paragraph 16.401(e) for requirements for the use of this type of contract. 4. Where the contract relates to the partial freezing of small undertakings, the clause with its variant III shall apply (see, however, point (d)(5) of this Section). .

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