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section46.707

Pricing aspects of fixed-price incentive contract warranties

Overview

This section outlines how warranty costs must be integrated into the financial structure of fixed-price incentive contracts, specifically regarding target prices, ceiling prices, and the final price settlement.

Key Rules

  • Price Establishment: The estimated cost of a warranty must be factored into both the incentive target price and the ceiling price at the outset of the contract.
  • Final Price Determination: All actual or estimated costs incurred by the contractor to comply with the warranty must be included in the negotiation of the total final price.
  • Post-Settlement Liability: Once the total final price is established, any further costs for warranty compliance are the sole responsibility of the contractor at no additional cost to the Government.

Practical Implications

  • Contractors must ensure accurate actuarial or historical data is used to forecast warranty expenses, as underestimating these costs will directly reduce their profit once the final price is locked.
  • The Government avoids "tail" costs after contract closeout, as the fixed-price nature of the settlement shifts all subsequent performance risk to the contractor.

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