(2) The contract contains, to the extent possible, the maximum limit of the contractor`s delivery obligation and the government`s obligation to order. The contract may also specify maximum or minimum quantities that the government can order as part of each individual order and the maximum amount it can order during a given period. 2. The restriction provided for in point (d)(1) of paragraph 1 of this Section shall not apply to the purchase of supplies or services involving the purchase of advisory and support services where the contracting entity or another official designated by the Head of the Agency determines that the advisory and support services are necessarily contract-related. (1) The Customer shall insert clause 52.216-7, Recoverable Fees and Payment, in claims and contracts if a cost reimbursement contract or a time and material contract (other than a contract for a commercial purpose) is considered. If the contract is a time and material contract, clause 52.216-7 in conjunction with clause 52.232-7 applies, but only to the part of the contract that provides for the reimbursement of materials (as defined in clause at 52.232-7) at actual cost. In addition, clause 52.216-7 does not apply to hourly employment contracts. (1) Due to very different factors such as the nature, size, duration and location of the construction project, prior agreements in accordance with 31.109 are particularly important for elements such as the overhead costs of the home office, the remuneration of partners, the employment of consultants and the costs of using equipment for construction and architect-engineer contracts. Where appropriate, they serve to express the understanding of the parties and to avoid possible subsequent disputes or disagreements. (A) a protest on the grounds that the contract increases the scope, duration or maximum value of the contract; or A letter of contract may only be used after the head of the contractual activity or an agent has determined in writing that no other contract is appropriate. Contract letters may not be subject to (15) Unless the exceptions set out in paragraphs 31.205-47(c) or (d) apply, a Contractor will incur costs related to criminal, civil or administrative proceedings resulting in the orders described in paragraphs 31.205-47(b)(1) to (5) brought by: a federal, state, local or foreign government for breach or non-compliance with any law or regulation of the Contractor (including its agents or Employees); a contractor or subcontractor who files a retaliatory whistleblower complaint under 41 U.S.C. 4712 or 10 U.S.C. 2409; or a third party on behalf of the United States under the False Claims Act, 31 U.S.C.
3730. For such a procedure that does not result in an order described in paragraphs 31.205-47(b)(1) to (5) or for which exceptions under paragraphs 31.205 to 47(c) apply, the costs of that procedure are subject to the limitations set out in paragraphs 31.205-47(e). (2) In order to ensure the binding nature of the contract, the minimum quantity is greater than a nominal quantity, but must not exceed the quantity that the government will almost certainly order. 3. For all indirect costs of the selected sample, which are subject to the penalty provisions of 42 709, the amount projected from those sampling costs over the sample universe shall also be subject to the same penalty provisions. (iii) An increase in pension costs shall not be permitted if the increase is due to a delay in funding more than 30 days after each quarter of the year to which they may be allocated. Where a compound rate is used to allocate pension plan costs across segments of an entity and there is an inequity due to differences in the funding schedule between segments, the eligible pension costs for each segment are limited to the calculation of pension plan costs by that segment in accordance with 48 CFR9904.413-50(c). The Contractor shall determine the non-recoverable costs using the actuarial method used to calculate the pension costs. (9) In accordance with Article 1427(b) of Public Law 108-136 (40 U.S.C. 1103 note), contracts awarded under multi-agency contracts for services providing essentially or predominantly for the provision of engineering services within the meaning of Article 2 101 must be 16 401 General. (a) incentive contracts within the meaning of this Subsection are appropriate where a fixed-price contract is not appropriate and the necessary supplies or services can be purchased at a lower cost and, in some cases, with improved technical supply or performance, by linking the amount of profit or royalty payable under the contract to the performance of the contractor. Incentive agreements are designed to achieve specific acquisition objectives: – (1) by establishing reasonable and achievable targets that are clearly communicated to the contractor; and (2) including appropriate incentive agreements to (i) motivate contractors` efforts that could not otherwise be highlighted; and (ii) preventing inefficiency and waste of contractors.
(b) where predetermined incentives for technical performance or formula-type provision are included, increases in profits or royalties shall be granted only for the achievement of targets exceeding the general objectives and reductions shall be provided for where those targets are not achieved. .