(3) If the negotiated unit price corresponds to a net price after application of a commercial discount from a catalogue or a list price, the customer must document both the catalogue or the list price and the discount in the order documents. (This does not apply to prompt payment or discount.) A fixed-price contract with an economic adjustment of prices may be applied only if the contracting authority determines that this is necessary either to protect the contractor and the government against significant fluctuations in the costs of labour or materials, or to provide for an adjustment of the market price in the event of a change in the prices set by the contractor. (i) The contract agent shall give each procuring entity a fair opportunity to be considered for any order over $3,500 issued under contracts involving multiple supply contracts or multi-contract contracts, except that (a) delivery incentives should be considered where improvement over a required delivery schedule is a key objective of the Government. It is important to determine the government`s main objectives in a particular contract (p.B. earliest possible delivery or earliest volume production). 1. The Agent shall insert, in a contract by negotiation, a clause that substantially incorporates into the claims and contracts with clause 52.216-4, Economic Price Adjustment – Labour and Equipment, or a clause prescribed by the Agency as approved in paragraph (c) (2) of this section, if all of the following conditions apply: The rollover of unpaid reward fees means the process of transferring unpaid reward fees; that the contractor was able to acquire from one valuation period to a subsequent valuation period, which gave the contractor an additional opportunity to obtain this previously undeserved surtax. (c) Each contract letter shall contain, as required by clause 52.216-25, Contract Definition, a negotiated definition plan that includes (1) data for the submission of the Contractor`s price proposal, required certified cost or price data, and data other than certified cost or price data; and, if necessary, manufacturing or purchasing and subcontracting plans, (2) a date for the start of negotiations and (3) a target date for definition, which should be the earliest possible date for definition. The schedule provides for a definition of the contract within 180 days of the date of the contract letter or before the completion of 40% of the work to be performed, whichever comes first. However, in extreme cases and in accordance with the Agency`s procedures, the contracting entity may authorise a grace period. If, after exhausting all reasonable efforts, the Client and the Contractor are unable to negotiate a final contract because they have not reached an agreement on the price or fees, the clause of 52.216-25 obliges the Contractor to continue the Work and provides that the Client, with the consent of the head of the contractual activity, determine a reasonable price or cost in accordance with paragraphs 15.4 and 31, subject to appeal in accordance with the dispute resolution clause. (1) The Customer shall insert clause 52.216-7, Recoverable Fees and Payment, in claims and contracts if a cost reimbursement contract or a time and material contract (other than a contract for a commercial purpose) is considered.
If the contract is a time and material contract, clause 52.216-7 in conjunction with clause 52.232-7 applies, but only to the part of the contract that provides for the reimbursement of materials (as defined in clause at 52.232-7) at actual cost. In addition, clause 52.216-7 does not apply to hourly employment contracts. (5) When purchasing information technology and related services, consider the use of modular contracts to reduce program risk (see 39.103(a)). (b) The procuring entity may use a fixed-price procurement with an economic adjustment of prices in conjunction with a premium (see 16.404) and performance or delivery incentives (see 16.402-2 and 16.402-3) if the surcharge or incentive is based solely on factors other than cost. The type of contract remains fixed price with economic adjustment of prices when used with these incentives. SBIR/STTR is a closed process with three (3) phases executed through contracts, grants or BAA agreements: (3) If the contract includes subsistence for use and resale by the government in the same list and similar products can be purchased on a brand basis, use the clause with their alternative II (see, however, subsection (d) (5) of this section). (b) The use of reimbursement contracts for the acquisition of commercial property is prohibited (see parts 2 and 12). (4) On-demand contracts may allow for faster deliveries when production time is affected, as contractors are generally willing to maintain limited inventory when the government receives all of its actual procurement requirements from the contractor. (c) adjustments based on actual labour or material costs. (k) the scope and nature of the proposed subcontracting. When the contractor proposes a full subcontract, a type of contract should be chosen that reflects the actual risks to the prime contractor.
A OT is a common term that refers to any type of transaction, with the exception of a contract, grant, or cooperation agreement approved by 10 U.S.C. 2371. Transactions carried out under this organization can take many forms and generally do not have to comply with federal laws and regulations that apply to supply contracts, grants, and/or cooperation agreements. To the extent that a particular law or regulation is not bound by the type of instrument used (e.g. B, tax and land laws), it would generally apply to a OT. (b) in the case of contracts which do not require the submission of certified cost or price data, the contracting authority shall obtain adequate data to determine the basic level of the adjustment and may request verification of the data submitted; (1) The contracting entity should insert the provision referred to in paragraphs 52.216 to 29, Time and Material/Working Time Quotation Requests-Non-Commercial Item Acquisitions with Reasonable Price Competition, in applications contemplating the use of a time and material or hours of work order for non-commercial items if the price is expected to be based on reasonable price competition. If approved by the Agency`s procedures, the contract agent may amend the provision in order to make one of the three approaches referred to in subparagraph (c) of the provision mandatory and/or to require the identification of all subcontractors, services, subsidiaries or related undertakings involved in a mixed set of works. .