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Authority for CPAF modification


ArmyofOne

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Do the contract terms and conditions for determination of the award fee provide for contractor agreement?

Second question: is there a contract line item for the aWard fee?

Thank you in advance for timely response.

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10 minutes ago, ArmyofOne said:

To modify/award (SF30) an annual award fee to a CPAF contract, I'd like to make it supplemental (bi-lateral) using 43.103(a).   Does this make sense or would a different authority be more appropriate?

I'm sorry that I'm not understanding the question.  Are you asking how to change contract type to CPAF?  Are you asking how to get the award to the contractor?  Are you asking how to modify the award fee plan?  If the last, I would start by looking at your award-fee clause.  That clause likely provides for unilateral modification of the plan, as FAR 16.406(e)(3) provides, "Insert an appropriate award-fee clause in solicitations and contracts when an award-fee contract is contemplated, provided the clause...expressly provides that the award amount and the award-fee determination methodology are unilateral decisions made solely at the discretion of the Government."

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FAR/Supp Award fee clauses may (should?) have been incorporated into the contract. One such NASA clause for example, states that the award fee is a unilateral action of the government. Do you have something similar to that in your contract? If so, I believe that answers your question.

Edited by Neil Roberts
delete excess language at the end that was not intended
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I take your post immediately above to mean my second option:  "Are you asking how to get the award to the contractor?"  Based on the limited facts presented so far, here's my guess.

While it won't surprise me if someone disagrees, I think this is a funding action and block 13b is appropriate.  If you don't like that, check block 13a and cite to your award fee clause.  Regardless, there's no reason this needs to be bilateral.

Edited by Jacques
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41 minutes ago, ArmyofOne said:

Gentlemen, thank you all for the timely responses.  I apologize that I was not very clear.  I was asking about the authority, in section 13 of the SF30, to obligate/award the fee to the contractor. 

Ok but you still aren’t clear and didn’t answer the questions. You asked if a bilateral mod makes sense. It does not make sense if a bilateral mod is not necessary.

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