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    Is there a way that the weighted guidelines method can be used when there is no actual effort being negotiated, just incorporating the rates? Or can I use FAR 15.404-4(c)(6) as justification (if a change or modification calls for essentially the same type and mix of work as the basic contract and is of relatively small dollar value compared to the total contract value, the contracting officer may use the basic contract's profit or fee rate as the prenegotiation objective for that change or modification) The efforts for the year are going to be the same type and mix of work as the other orders on the BOA.


    To ensure you are using the appropriate method, I'd like to cover a few key concepts prior to answering your question.  First, the weighted guidelines approach to analyzing fee is appropriate when cost analysis is required (FAR 15.404-4).  Cost analysis is required when cost or pricing data or other than cost or pricing data is submitted (FAR 15.403). There are exceptions to cost or pricing data submission, such as competition, and they are outlined in FAR 15.403.  Second, it is unusual to have negotiated rates on a Blanket Ordering Agreement (BOA). Typically, a BOA contains negotiated terms and conditions and provides a method for pricing, but not actual rates. BOAs are not contractually binding so the rates could fluctuate when orders are placed.

    Getting to the main point of your question, the main thrust of the weighted guidelines approach is an assessment of performance and contract risk to ensure contractor's are compensated for high risk acquisitions.  To analyze performance risk, you must evaluate the risk associated with fulfilling contract requirements. Without knowing the type of work that will be performed, the weighted guidelines approach would not be feasible.  I suggest analyzing fee at the order level so risk can be analyzed based on the type of work being performed on the orders. 

    FAR 15.404-4(c)(6) applies only to changes or modifications, not to orders under a BOA.

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