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Contract Types
Forms of Contracts
• Completion – A product is delivered– Cost or Fixed Price– Product must be delivered– Contract completed on delivery and
acceptance
• Term – Level of Effort– Amount of labor delivered over time– Use personnel and facilities as spelled out
General Rules
• Fixed Price– Perform work, deliver product, get paid– Contractor is at risk
• Cost– Contractor provides “best effort,” works to a
percentage of negotiated costs and then notifies the government
Which Type?
• Nature and complexity of effort
• Urgency
• Period of performance
• Competition
• Difficulty in defining performance
• Availability of data
General Budgeting Rule
• PMs must budget to the “most likely price”
• Most likely price– Varies by contract type
Cost Reimbursement
• Establish an estimate of total cost for the purpose of obligating funds and establishing a ceiling that the contractor may not exceed except at his own risk
• Provide payment of ALLOWABLE incurred costs to the extent provided in the contract
Cost-Plus-Fixed-Fee
• Pays all reasonably incurred and allowable costs plus a fixed dollar amount as a fee
• Fee based on the estimated cost of the contract and stays “fixed” regardless of actual costs
CPFF
• Appropriate when estimates of cost, performance, and schedule are uncertain
• Flexibility is needed
• Monitoring needs are high
• Change is anticipated
CPFF
• Contractors recover costs
• Provides least incentive to contractor to control costs and be efficient
• Incentive to underrun is because the fixed fee becomes a higher percentage
• Trade-offs between cost and technical excellence
• Budget to expected cost plus fixed fee
Cost-Plus-Award-Fee
• Acts like a CPFF except the fixed fee is 0% or some small base fee
• Contractor earns more fee through and “Award Fee Plan”
• Award is the unilateral right of the government
CPAF
• Appropriate when estimates of cost, performance, and schedule are uncertain
• More incentive is desired than CPFF
• Administrative capability is available
• Award is based on judgment of Award Determining Official
• Budget to expected costs plus entire available fee
Cost-Plus-Incentive-Fee
• Shift cost risk to contractor
• Contractor should assume more risk:– More detailed specs– Less uncertainty– Better able to estimate costs
• Contractor now shares in overruns and underruns
CPIF
• Negotiate certain items– Target cost– Target fee– Max fee – Min fee– Share line
• Regardless of cost the fee is never more than the max, nor less than the min
CPIF
• Appropriate when uncertainties can be identified and quantified to some degree
• Used to incentivize the contractor when uncertainties still preclude Fixed Price
• Used in R&D when uncertainties can be resolved by $$
Share Formula
• Expressed as a percentage with the government’s share first
• Example:– 80/20 share means that the government pays
80% of overruns or keeps 80% of underruns
– Contractor’s fee is reduced by 20 cents for every dollar of overrun
– Contractor’s fee is increased by 20 cents for every dollar of underrun
CPIF
• Budget to expected cost and fee
Fee
Max
Target
Min
CostTarget
100/0
0/100
Effective range of Incentive80/20
Fixed Price Contracts
• Funding of cost overruns is not possible
• Contractor obligated to deliver specific product at the price negotiated regardless of cost
• Appropriate when cost, performance, and schedule uncertainty is low of manageable
Firm-Fixed-Price
• Contractor must manage cost within price
• Highest profit potential– More cost means less profit
• Completion form– Can have FP elements of a contract
• Level of Effort can be at a fixed price
• Budget to final negotiated price
Fixed Price Incentive Firm
• Uncertainty too great for FFP
• Completion form
• Contractor must perform
• Contractor performs at own expense when costs exceed ceiling price
FPIF
• Negotiate– Target Cost– Target Profit– Ceiling Price– Share line
• Profit is more than target if final cost is less than target cost and decreased if final cost is more than target cost
• Regardless, the ceiling is firm
FPIFProfit
Target Profit
TargetCost
CostAt
PTA
Contract price lineBased on Share
Point of Total Assumption
Ceiling Price
FPIF
• Budget to the target price of the contract– Budgeting to the ceiling price indicates that
the government does not believe that the incentives will change contractor performance
FP w/Economic Price Adjustment
• Price negotiate on assumptions regarding economic prices of materials or labor
• EPA clause kicks in if assumptions fail and some trigger is set-off
• Can be pre-negotiated or based on an index
• Budged to anticipated price– Does not include EPA– EPA adjustment should be unlikely