We would like to include our assumptions in a new FFP contract with a federal agency. We are getting a lot of pushback from the CO and COR on our request.  Are there any known clauses or other provisions that prohibit these from being included?

 

There isn’t.  It’s negotiable.  In fact, assumptions often are included but subtlety overlooked.  Offerors make assumptions in proposals and contracting officers then incorporate technical proposals as part of the contract.  It’s a sloppy way of doing business but quite common.  

  On 3/15/2024 at 3:04 PM, formerfed said:

There isn’t.  It’s negotiable.  In fact, assumptions often are included but subtlety overlooked.  Offerors make assumptions in proposals and contracting officers then incorporate technical proposals as part of the contract.  It’s a sloppy way of doing business but quite common.  

Thanks formerfed, that is exactly what I thought. It has been hit or miss with this particular client so wanted to confirm. 

@pconnerWhy do you want to include your assumptions in the contract? What legal effect do you think that would have?

Maybe we can categorize contractor FFP assumptions into two buckets for this discussion?

1. Proposal Pricing Assumptions.  Assumptions an offeror makes as part of developing its firm-fixed-price proposal.
2. Performance Assumptions.  Assumptions an offeror makes which condition or limit its offer, provide an excuse for non-performance, and so forth.

pconner, what kind of assumptions are you talking about?

  On 3/15/2024 at 2:23 PM, pconner said:

Are there any known clauses or other provisions that prohibit these from being included?

You may find nuggets in this discussion in WIFCON to help you further add substance to comments made to your queston above.