Need help please
I have a contract with both FFP and CPFF CLINs. The majority are CPFF and the entire award is in excess of $10 million. I was hoping to get agreement for Performance Based Payments for the FFP CLINs which are just shy of $2 million so we're not waiting until the end of the PoP (2 years) for payment. The contracting officer tells me that because the FFP CLINs are less than $2.5 million we're not eligible for PBPs. He cited 32.104 of the FAR which clearly indicates that the "contract price" should be $2.5 million or more. I'm confused by his determination.