48 C.F.R. § 16.405-2
16.405-2 Cost-plus-award-fee contracts.
A cost-plus-award-fee contract is a cost-reimbursement contract that provides for a fee consisting of (1) a base amount fixed at inception of the contract, if applicable and at the discretion of the contracting officer, and (2) an award amount that the contractor may earn in whole or in part during performance and that is sufficient to provide motivation for excellence in the areas of cost, schedule, and technical performance. See 16.401(e) for the requirements relative to utilizing this contract type.
Notes of Decisions
Cited in 4
cases, 2005–2017 · leading case: United States Ex Rel. McBride v. Halliburton Co., 848 F.3d 1027 (D.C. Cir. 2017).
United States Ex Rel. McBride v. Halliburton Co., 848 F.3d 1027 (D.C. Cir. 2017). “” The Task Orders used a cost-plus-award-fee structure, see 48 C.F.R. § 16.405-2 , meaning KBR received reimbursement for the actual costs of the services provided, 2 as well as a “base fee” of 1% of the pre-determined estimated cost of performing the services under the Task…”
George Sollitt Constr. Co. v. United States, 64 Fed. Cl. 229 (Fed. Cl. 2005). “48 C.F.R. § 16.405-2 (a) (2004). In Burnside-Ott, the unilateral discretion afforded the government by the above-cited contract clause limited review of the award to determining whether “the discretion employed in making the decision [wa]s abused, for example, if the decision…”
United States Ex Rel. Barko v. Halliburton Co., 241 F. Supp. 3d 37 (D.D.C. 2017). “” 48 C.F.R. 16.405-2. LOGCAP III and the Task Orders issued under it are governed by the Federal Acquisition Regulation (“FAR”), codified at Title 48 of the Code of Federal Regulations.”
Sec. Of Energy v. The Boeing Co., 497 F. App'x 978 (Fed. Cir. 2012). “4 48 C.F.R. § 16.405-2 provides: A cost-plus-award-fee contract is a cost- reimbursement contract that provides for a fee ENERGY v.”
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