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  • Question

    Is it permissible to award Travel as a FFP CLIN to be negotiated at each Task Order award? The overall IGCE for the 5 years includes a broad estimate of travel costs. In the event that additional trips are identified and required by the Government, my intent was to modify the task order.


    Answer

    Saying it's a FFP CLIN to subsequently "be negotiated at each task order award" would be contradictory, in that FFP items are not typically subject to negotiation once the contract is awarded as FFP. As you point out, FAR 12.207(b) authorizes use of time and materials contract type only for competitive awards. However, FAR 12.207(b)(1) specifies "commercial services."  FAR 16.601(a) classifies travel as an "other direct cost" under "materials." Admittedly, it also refers to travel as an "incidental service." However, I don't believe a prohibition against using T&M for sole source commercial items would apply to travel, in that travel is more broadly categorized as a "material"/ODC cost and materials (travel) are paid at actual cost.

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