CONTRACT TYPES

Contract Types

 

 

FIXED-PRICE FAMILY

 

 

FIRM

FIXED-PRICE

(FFP)

FIXED-PRICE

WITH ECONOMIC

PRICE ADJUSTMENT

(FP-EPA)

 

FIXED-PRICE

INCENTIVE

(FPI)

 

PRICE

REDETERMINATION

 

 

 

 

 

 

 

 

Government pays price which is not subject to any adjustment

 regardless of

 contractor’s cost experience.

 

Place maximum risk on con-tractor.

 

Contractor has greatest incentive to control costs.

 

Minimum administrative bur-den on parties.

 

Preferred contract type.

 

Level of Effort:  Payment is based on effort expended rather

than results achieved.  Contractor provides specified effort

over a stated period for fixed price.

The price paid by the

 government may be

revised upward or downward

if certain contingencies exist.

 

Provides for price

adjustment to protect

parties against

 significant economic

 fluctuation or changes in

 contractor’s established

 prices.

 

EPA provisions can be based

on established

(published) prices, actual

costs, or cost index.

 

Adjustments based on

 established prices restricted

to Industry-wide contingencies.

 

Adjustment based on labor or

 material costs limited to

 contingencies beyond the

 contractor’s control.

Firm Target:

  Government pays price that is the sum of final

negotiated cost and final profit. Final profit determined by

 comparing final negotiated cost to target cost and

adjusting target profit IAW formula (share-ratio). 

Final price cannot exceed ceiling price.

 

Successive Targets:

At predetermined production point, firm target cost

is negotiated and firm target profit is determined

IAW adjustment formula; either an FFP or FPI(F)

can be negotiated.

Prospective:  Government pays fixed price for goods or services for a given period, but price is subject to revision at stated times during performance of contract.

 

Retroactive:  Government pays price (subject to ceiling), that is negotiated after contract

 performance.

 

 

 

Price

 

Price

EPA Clause

Firm Target:

Target Cost

Target Profit

Ceiling Price

Sharing Formula

 

Successive Targets:

Initial Target Cost

Initial Target Profit

Ceiling Price

Target Profit Adjustment

   Formula

Prospective:

Price

Ceiling (Optional)

 

Retroactive:

Ceiling Price

 

 

 

When fair and  reasonable prices can be established at outset.

 

Particularly suitable for standard or modified commercial items

or military items for which sound prices can be developed.

 

Level of effort:  R&D investigation or study.

When contingencies

resulting from unstable

market or labor conditions

can be identified and covered

by a separate price

adjustment clause.

Where assumption of a degree of cost responsibility by

con-tractors will provide incentive for effective

cost control.

 

Can combine with incentives on performance and schedule.

Prospective:  Quantity production or services when a fair and reasonable price can be negotiated for initial period but not entire contract period.

 

Retroactive:  When fair and reasonable FFP cannot be negotiated and low value or short period of performance renders other types impracticable.

 

 

 

Level of effort:  Used only when work cannot be clearly defined but effort desired can be agreed upon.

 

 

Sole purpose cannot be to shift

cost responsibility to

 government; requires

 simultaneous agreement on all elements of pricing structure.

 

Prospective: FFP not feasible; pricing periods conform to

contractor’saccounting system;

 assurance that price

 predetermina-tion will be taken promptly.

 

Retroactive:Reasonable assurance that price

 Redetermination will be taken promptly; requires HCA

Approval

 

 

 

Not for use with sealed bid method

Adequate Contractor Cost Accounting System


Contract Types

 

 

 

COST-REIMBURSEMENT FAMILY

 

COST-PLUS-

INCENTIVE-FEE

(CPIF)

COST-PLUS

AWARD-FEE

(CPAF)

COST-PLUS-

FIXED-FEE

(CPFF)

COST

AND COST

SHARING

 

 

 

 

 

 

 

Government pays allowable cost and incentive fee.

 

Incentive fee determined by comparing actual cost to

target cost and adjusting target fee IAW fee

adjustment formula (share ratio).

 

Performance incentives should be incorporated if development is feasible and government

performance objectives have been determined.

 

Government pays

allowable cost, base fee,

and award fee.

 

Contractor earns a base

fee which does not vary

with performance and all

or part of an award fee based

on subjective evaluation

by government of

contractor’s performance.

 

Amount of the award fee

is unilaterally determined by

the government and generally

is not subject to

Disputes Clause.

 

Evaluation of performance

and corresponding

partial payment of fee made

at stated intervals.

 

Government pays allowable cost and

fixed fee.

 

Fixed fee does not vary with actual costs.

 

Fixed fee may be adjusted for changes

in work to be performed.

 

Minimum incentive for contractors

to control costs.

 

Completion Form:  Requires

contractor to deliver end

product (preferred form).

 

Term Form:  Requires specified level

of effort over stated period of time.

 

Cost:  Government pays allowable cost, no fee.

 

Cost Sharing: Government pays only a portion of allowable cost as agreed to by both parties. Contractor absorbs portion of the cost with expectation of gaining other benefits from the effort.

 

Target Cost

Target Fee

Sharing Formula

Minimum Fee

Maximum Fee

 

 

Estimated Cost

Base Fee

Award Fee

 

Estimated Cost

Fixed Fee

 

Estimated Cost

 

 

 

 

Development and test where a profit incentive is likely

to provide motivation for more effective management.

 

Level of effort (R&D

or Production)

 

Method of proving fee

which motivates excellence

in such areas as

quality, timelines,

technical ingenuity, and

cost-effective management.

 

Award fee may be used

in conjunction with

other types of contracts.

 

Research

 

Preliminary exploration or study.

 

Development and test where CPIF

not practical.

 

Cost:  Non-profit institutions/ organizations and facilities contracts.

 

Cost Sharing:  R&D efforts with either profit or non-profit contractors.

 

 

 

 

 

Adjustment in fee is limited by minimum and maximum

fees negotiated.

 

 

Base Fee shall not

exceed 3 percent of

estimated cost.

 

Weighted guidelines

(for determining

profit objective) shall not

be applied.

 

Shall not be used in lieu

of CPFF or CPIF

when objective measurement

is feasible.

 

Fee shall not exceed 15 percent

of estimated cost for R&D or 10

percent of estimated cost for other

 contracts.

 

Price of A/E contract shall not exceed

6 percent of estimated cost of the

public work or utility project.

 

Cost Sharing:  Not applicable for effort specified by government or that has only minor relevance to commercial activities of the contractor.

 

 

Not for use with sealed bid method

Adequate Contractor Cost Accounting System

 

Not for use with sealed bid method

Adequate Contractor Cost Accounting System

 


Contract Types

 

 

OTHER TYPES

SPECIAL USES

 

Time and

Materials

Labor Hours

Letter

CONTRACT

INDEFINITE

DELIVERY

 

 

 

 

 

 

 

 

 

Government pays fixed hourly rate for supplies or services.

With contractor furnished material. Provided at cost.

 

Labor Hours differs only in that no material is supplied

by contractor.

 

Preliminary contractual instrument

that authorizes

immediate commencement of effort.

 

Method of payment corresponds to

type of contract contemplated

when definitized

 

Definite Quantity:

Provides for definite quantity of specified supplies

or services for a fixed period with deliveries at designated locations upon order

 

Requirements:  Provides for furnishing all

actual requirements of specified supplies or services during a specified period as ordered by designated activities

 

Indefinite Quantity:  Provides for furnishing indefinite quantifies of specified supplies or services during a specified time but government must order a stated minimum quantity.

 

 

 

 

Hourly labor rate

Ceiling Price

 

 

 

 

Firm Fixed Price, Fixed Price with EPA, or Price Redetermination

 

 

 

 

 

 

Engineering and design services, repair, maintenance, or

overhaul, emergency situations

 

When interests of national

defense demand that work

commence immediately and

insufficient time available to negotiate

a definitive contract

Definite Quantity:  Where definite quantity of supplies or services required during a specified period are readily available

 

Requirements:  When impossible to determine in advance the precise quantities needed during a definite period of time

 

Indefinite Quantity:  Same as requirements but government is only committed to minimum quantity

 

 

 

 

 

 

 

 

Determination that no other type of contract is suitable

 

Written determination that no other type suitable

 

Price ceiling required if award based on price competition

 

Must be defined within 180 days or prior to completion of 40% of work

 

Maximum government liability cannot exceed 50% of estimated cost at outset

 

 

 

 

.

 

 

Not for use with sealed bid method

 

 

Not for use with sealed bid method

 

 

 

 

 

 

 

 

 

 

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