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    We believe these are "Completion" where they KTR is not eligible for the additional fee. To help us better understand, could you please provide a few examples of CPFF term requirements versus CPFF completion?


    Answer

    This response is based on the information provided.  We suggest you discuss with your contracting team, program manager and/or legal department as appropriate.

     

    The fundamental answer lies in your contract.  What did your contract identify in Section G, the clauses (You should have FAR 52.216-1 in your contract) or elsewhere as to contract type?   In FAR 52.216-1 you will have described the type of contract issued.

    In a CPFF term the Government is generally contracting for labor over a specified period of time, usually a year.  For example, a government team needs to supplement its program team to meet a mission and contracts for two engineers and a logistician.  Those three people have met the term of the contract if each showed up regularly to perform their duties throughout the performance period.

    In a CPFF completion type, the government expects and has delineated in the contract/TO/DO what is to be delivered at the end of the period of performance, whether it is a prototype, a study, a report etc.

     

    We do not believe this falls within a "Stop Work" or "Suspension of Work" category as this was driven by the Government acting in its sovereign capacity, not as part of the acquisition marketplace.

     

    We believe you have an Excusable Delay.   You should also have FAR 52.249-14 in your contract.  You will of course read the complete clause, but we believe a pertinent part of the clause is,

    "(c) Upon request of the Contractor, the Contracting Officer shall ascertain the facts and extent of the failure. If the Contracting Officer determines that any failure to perform results from one or more of the causes above, the delivery schedule shall be revised, subject to the rights of the Government under the termination clause of this contract."

     

    It addresses extending the period of performance, but does not speak to an increase in fee.

     

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