48 C.F.R. § 16.402-1

16.402-1 Cost incentives.

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(a) Most incentive contracts include only cost incentives, which take the form of a profit or fee adjustment formula and are intended to motivate the contractor to effectively manage costs. No incentive contract may provide for other incentives without also providing a cost incentive (or constraint).

(b) Except for award-fee contracts (see 16.404 and 16.401 (e)), incentive contracts include a target cost, a target profit or fee, and a profit or fee adjustment formula that (within the constraints of a price ceiling or minimum and maximum fee) provides that—

(1) Actual cost that meets the target will result in the target profit or fee;

(2) Actual cost that exceeds the target will result in downward adjustment of target profit or fee; and

(3) Actual cost that is below the target will result in upward adjustment of target profit or fee.

[48 FR 42219, Sept. 19, 1983, as amended at 62 FR 12696, Mar. 17, 1997; 62 FR 51379, Oct. 1, 1997; 74 FR 52859, Oct. 14, 2009]
Notes of Decisions
Cited in 2 cases, 1998–2007 · leading case: SSA Marine, Inc. v. United States
SSA Marine, Inc. v. United States (2007) uscfc “48 C.F.R. §§ 16.402-1 , 16.405-1. Therefore, it cannot be a combination contract of this type.”
Northrop Grumman Corp. v. United States (1998) uscfc “402-3, 48 C.F.R. §§ 16.402-1 , 16.402-2, 16.402-3 (1997).”
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