Both types of contracts provide for the payment of a fixed price. The difference lies in the nature of the contractor`s obligation. Under an old simple fixed price contract, FAR 16.202, the contract is required to perform certain work in order to be entitled to payment of the fixed price. Under a fixed-price contract with duration FAR 16.207, the contractor is required to perform certain work within a certain period of time until it has passed a fixed effort (usually a certain number of hours), at which time its obligation is terminated and it is entitled to payment of the fixed price. Both contracts contain the payment clause for far payments 52,232-1 (APR 1984) or 52,232-2, payments under fixed-price research and development contracts (APR 1984). (4) The ability to maintain competition between prize winners throughout the duration of the contracts. (2) Adjustments based on actual labour or material costs. These price adjustments are based on increases or decreases in the costs of labor or specified materials that the contractor actually experiences during the performance of the contract. (h) See paragraph 10.001(d) for the insertion of the clause in paragraph 52.210-1, Market Research, if the contract is greater than $6 million for the purchase of items other than commercial items. (i) the clauses necessary for the negotiation of contracts by law, the implementing Regulation and this Regulation; and (2) declare or imply an agreement between the Government to issue future contracts or orders to the Contractor; or 16.202-1 description. A fixed-price contract provides for a price that cannot be adjusted based on the contractor`s experience with costs in performing the contract. This type of contract represents for the contractor the maximum risk and full responsibility for all costs and the resulting profit or loss. It provides maximum incentives for the contractor to control costs and operate efficiently and imposes a minimal administrative burden on the parties.
The procuring entity may use a fixed-price procurement in conjunction with an additional incentive (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 a fixed price when used with these incentives. 16.202-2 Request. A fixed-price procurement contract is suitable for the acquisition of commercial goods (see Parts 2 and 12) or the purchase of other supplies or services on the basis of sufficiently precise functional or detailed specifications (see Part 11), if the procuring entity can set fair and reasonable prices from the outset, (e.B. (a) where there is reasonable price competition; (b) there are reasonable price comparisons with previous purchases of identical or similar supplies or services made on a competitive basis or supported by valid certified cost or price data; (c) the available information on costs or prices makes it possible to estimate realistically the expected cost of performance; or (d) performance uncertainties can be identified and reasonable estimates of their impact on costs can be made, and the Contractor is prepared to accept a fixed price that constitutes the assumption of the associated risks. 16.501-1 Definitions. Used in this subsection – Supply Order Contract means a delivery contract that does not purchase or stipulate a fixed quantity of deliveries (other than a minimum or maximum quantity) and provides for the placing of orders for the delivery of deliveries during the term of the contract. Task Order Contract means a service contract that does not purchase or stipulate a fixed amount of services (other than a minimum or maximum quantity) and provides for the placing of orders for the performance of tasks during the term of the contract. 16.501-2 General. (a) There are three types of contracts with indefinite deliveries: volume contracts, demand contracts and quantity contracts of indefinite duration. For the purchase of deliveries and/or services, the corresponding type of supply contract may be used if the exact times and/or quantities of future deliveries are not known at the time the order is placed. Pursuant to 10 U.S.C.
2304d, and 41 U.S.C. 4101, demand contracts and volume contracts are also referred to as supply order contracts or contract contracts. (b) The different types of open-ended supply contracts offer the following advantages: (1) All three types allow (i) public stocks to be kept to a minimum; and (ii) direct shipping to Users. (2) Contracts of indefinite duration and on-demand contracts also allow (i) flexibility in both the planning of quantities and delivery; and (ii) order deliveries or services from the beginning of the request. (3) Contracts for indeterminate quantities shall limit the Government`s obligation to the minimum quantity set out in the contract. (4) On-demand contracts may allow for faster deliveries when production time is affected, as contractors are generally willing to maintain limited inventory when the government receives all of its actual procurement requirements from the contractor. (c) Delivery contracts of indefinite duration may provide for a reasonable cost or price agreement in accordance with Part 16. Cost or price agreements providing for an estimated quantity of supplies or services (e.g.B.
estimated number of hours of work) shall comply with the relevant procedures of this Subsection. (iv) Indicate when each order becomes a binding contract (e.B. place the order, accept the order in a certain way or not refuse the order within a certain number of days); (i) See 7.107-6 on the use of 52.207-6, Small Business Tendering and Small Business Association Agreements or Joint Ventures (Multi-Contract Contracts) in Tenders for Multiple Contracts Exceeding the Agency`s Significant Consolidation Threshold. 2. The contract may contain technical incentives for performance where it is very likely that the necessary development of a larger system is feasible and the government has set its performance targets at least in general. This approach may also apply to other acquisitions if the use of cost and technical performance incentives is desirable and administratively feasible. (b) in the case of contracts which do not require the submission of certified cost or price data, the contracting authority shall obtain adequate data to determine the basic level of the adjustment and may request verification of the data submitted; (ii) The likelihood that procurement objectives will be met is increased by the use of a contract that effectively motivates the contractor to perform exceptionally and gives the government the flexibility to assess both actual performance and the conditions under which it was achieved. and (3) Transfer between the Contractor`s jointly controlled divisions, subsidiaries or affiliates. (a) Description.
A fixed-price incentive contract (fixed target) specifies a cost target, a target profit, a price cap (but not a profit cap or floor), and a profit adjustment formula. These elements are all negotiated at the beginning. The price cap is the maximum amount that can be paid to the contractor, with the exception of adjustments based on other contractual clauses. When the contractor completes the service, the parties negotiate the final costs and the final price is determined by applying the formula. If the final cost is less than the target cost, the application of the formula gives a final gain greater than the target gain; Conversely, if the final cost is higher than the target cost, the application of the formula results in a final gain below the target gain, or even a net loss. If the negotiated final costs exceed the price cap, the contractor will consider the difference as a loss. Since profit varies inversely with costs, this type of contract provides a positive and calculable incentive for profit for the entrepreneur to control costs. (a) the contractor makes, for a certain period of time, a certain effort for work which can only be indicated in a general way; and (e) post-award requirements. Before an increase in the maximum price of a contract or hourly order, the customer (3) has other direct costs (e.g. B, ancillary services for which there is no category of work specified in the contract, travel expenses, costs of using information technology, etc.); and (c) Nothing in this Subsection limits the authority of the General Services Administration (GSA) to enter into ancillary, multiple assignment, task or supply contracts under any other provision of the Act. Therefore, the GSA regulations and program coverage of the Federal Procurement Annex in paragraphs 8.4 and 38 take precedence over this paragraph.
(b) enforcement. A basic agreement should be used where a significant number of separate contracts can be awarded to a contractor during a given period of time and significant recurring negotiation problems have arisen with the contractor […].