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section16.404

Fixed-price contracts with award fees

Overview

This section outlines the application and structure of award-fee provisions within fixed-price contracts, specifically for situations where subjective performance motivation is required.

Key Rules

  • Purpose: Used to motivate contractors when performance cannot be measured by objective, quantifiable incentives.
  • Base Structure: Contracts must establish a firm-fixed price that includes normal profit for the effort.
  • Payment Condition: The fixed price is paid for satisfactory performance; any award fee earned is paid in addition to that base price.
  • Regulatory Compliance: Utilization of this contract type must meet the specific requirements and documentation standards set forth in FAR 16.401(e).

Practical Implications

  • This contract type allows the government to reward "excellence" or specific behaviors that are difficult to define in a Statement of Work, such as responsiveness or technical ingenuity.
  • Contracting Officers must be prepared for a higher administrative burden, as award fees require a subjective evaluation process and an Award Fee Board.

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