48 C.F.R. § 16.201

16.201 General.

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(a) Fixed-price types of contracts provide for a firm price or, in appropriate cases, an adjustable price. Fixed-price contracts providing for an adjustable price may include a ceiling price, a target price (including target cost), or both. Unless otherwise specified in the contract, the ceiling price or target price is subject to adjustment only by operation of contract clauses providing for equitable adjustment or other revision of the contract price under stated circumstances. The contracting officer shall use firm-fixed-price or fixed-price with economic price adjustment contracts when acquiring commercial products and commercial services, except as provided in 12.207(b).

(b) Time-and-materials contracts and labor-hour contracts are not fixed-price contracts.

[77 FR 197, Jan. 3, 2012, as amended at 86 FR 61027, Nov. 4, 2021]

Notes of Decisions

Cited in 4 cases, 2003–2015 · leading case: United States Ex Rel. Thomas v. Siemens AG, 708 F. Supp. 2d 505 (E.D. Pa. 2010).

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United States Ex Rel. Thomas v. Siemens AG, 708 F. Supp. 2d 505 (E.D. Pa. 2010). “48 C.F.R. §§ 16.201 , 16.504(a). In other words, the placing of a vendor on a qualified contractors list does not necessarily result in government sales, but rather entitles a contractor to compete with other qualified vendors for sales at the subsequently requested…”

United States ex rel. Thomas v. Siemens AG, 991 F. Supp. 2d 540 (E.D. Pa. 2014). “48 C.F.R. §§ 16.201 , 202-1, 202-2. IDIQ means that the government is not committed to buying a minimum quantity of CME from any awardee.”

Advanced Concepts Enter., Inc. v. United States (Fed. Cl. 2015). “48 C.F.R. § 16.201 (a). 2 Development; Registrar Support; Scheduling; Simulator Operation Support; and Generation of Simulator Events.”

Carole Keeton Strayhorn, Comptroller of Pub. Accounts of the State of Texas, & Greg Abbott, Attorney Gen. of the State of Texas/Raytheon E-Sys., Inc. v. Raytheon E-Sys., Inc./Carole Keeton Strayhorn, Comptroller of Pub. Accounts of the State of Texas, & Greg Abbott, Attorney Gen. of the State of Texas (Tex. App. 2003). “(2) Raytheon's contracts included both "fixed-price," in which the government pays a set price for the contract, see 48 C.F.R. § 16.201 , and "cost-type," in which the government pays certain costs in performance of the contract, plus an additional fee, see id.”

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