Text
Title 48: Federal Acquisition Regulations System
CHAPTER 1: FEDERAL ACQUISITION REGULATION
SUBCHAPTER C: CONTRACTING METHODS AND CONTRACT TYPES
PART 16: TYPES OF CONTRACTS
Subpart 16.1: Selecting Contract Types
16.103 - Negotiating contract type.
(a) Selecting the contract type is generally a matter for negotiation and requires the exercise of sound judgment. Negotiating the contract type and negotiating prices are closely related and should be considered together. The objective is to negotiate a contract type and price (or estimated cost and fee) that will result in reasonable contractor risk and provide the contractor with the greatest incentive for efficient and economical performance.
(b) A firm-fixed-price contract, which best utilizes the basic profit motive of business enterprise, shall be used when the risk involved is minimal or can be predicted with an acceptable degree of certainty. However, when a reasonable basis for firm pricing does not exist, other contract types should be considered, and negotiations should be directed toward selecting a contract type (or combination of types) that will appropriately tie profit to contractor performance.
(c) In the course of an acquisition program, a series of contracts, or a single long-term contract, changing circumstances may make a different contract type appropriate in later periods than that used at the outset. In particular, contracting officers should avoid protracted use of a cost-reimbursement or time-and-materials contract after experience provides a basis for firmer pricing.
(d) Each contract file shall include documentation to show why the particular contract type was selected. Exceptions to this requirement are:
(1) Fixed-price acquisitions made under simplified acquisition procedures,
(2) Contracts on a firm fixed-price basis other than those for major systems or research and development, and
(3) Awards on the set-aside portion of sealed bid partial set-asides for small business.
[48 FR 42219, Sept. 19, 1983, as amended at 50 FR 1742, Jan. 11, 1985; 50 FR 52429, Dec. 23, 1985; 54 FR 5054, Jan. 31, 1989; 60 FR 34756, July 3, 1995; 60 FR 48260, Sept. 18, 1995; 61 FR 39198, July 26, 1996]
Sponsored links
