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Posted

(a) The Government shall pay the Contractor for performing this contract the fixed fee specified in the Schedule.

(b) Payment of the fixed fee shall be made as specified in the Schedule; provided that the Contracting Officer withholds a reserve not to exceed 15 percent of the total fixed fee or $100,000, whichever is less, to protect the Government’s interest. The Contracting Officer shall release 75 percent of all fee withholds under this contract after receipt of an adequate certified final indirect cost rate proposal covering the year of physical completion of this contract, provided the Contractor has satisfied all other contract terms and conditions, including the submission of the final patent and royalty reports, and is not delinquent in submitting final vouchers on prior years’ settlements. The Contracting Officer may release up to 90 percent of the fee withholds under this contract based on the Contractor’s past performance related to the submission and settlement of final indirect cost rate proposals.

So ... where do I find the Schedule? In what part of the contract should I look?

In the initial or final proposal, which once accepted, is incorporated into the contract upon award ?

2 hours ago, here_2_help said:

So ... where do I find the Schedule? In what part of the contract should I look?

The Uniform Contract Format encompasses several parts of the contract under “Schedule”

https://www.acquisition.gov/far/15.204-2

As a matter of practice, I’ve always thought the overall contract amount, including fixed fee on a cost reimbursable type, should be detailed in Section B

  • Author
16 hours ago, formerfed said:

The Uniform Contract Format encompasses several parts of the contract under “Schedule”

https://www.acquisition.gov/far/15.204-2

As a matter of practice, I’ve always thought the overall contract amount, including fixed fee on a cost reimbursable type, should be detailed in Section B

Thank you. I was thinking G but I don't think the parties are consistent.

Unfortunately, in my experience, most contracting officers do not provide any language in the contract saying how the fixed fee is to be paid. Instead, they merely state the amount of the fixed fee. In this regard, DCMA has an instruction on how fixed fee is to be administered although no provisions are in the contract other than the fixed fee clause. This results in the ACO essentially changing the contract so that the instruction is followed and not the terms of the contract as written.

  • Author

You know, I've tried to find DCMA Instruction 106 and wasted a decent amount of time doing so. My conclusion was that the Instruction is not available to the public. I would love to be proven wrong ....

17 hours ago, here_2_help said:

You know, I've tried to find DCMA Instruction 106 and wasted a decent amount of time doing so. My conclusion was that the Instruction is not available to the public. I would love to be proven wrong ....

Or cancelled or otherwise incorporated into???????????

"DCMA Instruction 2101 Product Acceptance and Proper Payments __________________________________________________________________ Office of Primary Responsibility Product Acceptance and Proper Payments Capability

\Effective: February 14, 2019

Releasability: Cleared for public release

New Issuance Incorporates and Cancels:

DCMA-INST 102, “Progress Payments Based On Cost,” August 20, 2013, as amended

DCMA-INST 106, “Public Vouchers,” July 31, 2013, as amended

Etc, Etc, Etc"

https://www.dcma.mil/Portals/31/Documents/CIG/DCMA-INST-2101V508C_03162023.pdf?ver=yzaXj5tLPt399jogTDy3xQ%3D%3D

On 9/11/2025 at 5:36 PM, here_2_help said:

So ... where do I find the Schedule? In what part of the contract should I look?

I’ve been away and am not sure whether this question has been answered.

The answer is: If the contract is written in the Uniform Contract Format, then Part I.

Fee must be stated in Section B, the contract line item(s). See FAR 4.1005-1(a)(5)(ii).

As a general matter , there is no “overall contract amount” in a cost reimbursement contract.

As a general rule, payments of fixed fee should be based on percentage of work completed, not on percentage of estimated cost incurred.

  • Author
4 hours ago, C Culham said:

Or cancelled or otherwise incorporated into???????????

"DCMA Instruction 2101 Product Acceptance and Proper Payments __________________________________________________________________ Office of Primary Responsibility Product Acceptance and Proper Payments Capability

\Effective: February 14, 2019

Releasability: Cleared for public release

New Issuance Incorporates and Cancels:

DCMA-INST 102, “Progress Payments Based On Cost,” August 20, 2013, as amended

DCMA-INST 106, “Public Vouchers,” July 31, 2013, as amended

Etc, Etc, Etc"

https://www.dcma.mil/Portals/31/Documents/CIG/DCMA-INST-2101V508C_03162023.pdf?ver=yzaXj5tLPt399jogTDy3xQ%3D%3D

Thank you. You know what? That Instruction says nothing of substance. Nothing at all.

  • Author
2 hours ago, Vern Edwards said:

I’ve been away and am not sure whether this question has been answered.

The answer is: If the contract is written in the Uniform Contract Format, then Part I.

Fee must be stated in Section B, the contract line item(s). See FAR 4.1005-1(a)(5)(ii).

As a general matter , there is no “overall contract amount” in a cost reimbursement contract.

As a general rule, payments of fixed fee should be based on percentage of work completed, not on percentage of estimated cost incurred.

Thank you.

47 minutes ago, here_2_help said:

As a general rule, payments of fixed fee should be based on percentage of work completed, not on percentage of estimated cost incurred.

However, in my experience, most contracting officers do not cover this in the contract. Also, they do not address withholding, e.g., how much will be withheld and how the withholding will b executed. The issue of withholding is the biggest area of disagreement between contractors and the government in my experience.

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