[Code of Federal Regulations]
[Title 48, Volume 3]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR216.405-2]

[Page 110-111]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                    CHAPTER 2--DEPARTMENT OF DEFENSE
 
PART 216--TYPES OF CONTRACTS--Table of Contents
 
                   Subpart 216.4--Incentive Contracts
 
Sec. 216.405-2  Cost-plus-award-fee contracts.

    (a) Description. (i) Normally, award fee is not earned when the fee-
determining official has determined that contractor performance has been 
submarginal or unsatisfactory.
    (ii) The basis for all award fee determinations shall be documented 
in the contract file.
    (b) Application. (1) The cost-plus-award-fee (CPAF) contract is also 
suitable for level of effort contracts where mission feasibility is 
established but measurement of achievement must be by subjective 
evaluation rather than objective measurement. See Table 16-1, 
Performance Evaluation Criteria, for sample performance evaluation 
criteria

[[Page 111]]

and Table 16-2, Contractor Performance Evaluation Report, for a sample 
evaluation report.
    (2) The contracting activity may--
    (A) Establish a board to--
    (1) Evaluate the contractor's performance; and
    (2) Determine the amount of the award or recommend an amount to the 
contracting officer.
    (B) Afford the contractor an opportunity to present information on 
its own behalf.
    (c) Limitations. The CPAF contract shall not be used--
    (i) To avoid--
    (A) Establishing CPFF contracts when the criteria for CPFF contracts 
apply, or
    (B) Developing objective targets so a CPIF contract can be used.
    (ii) For either engineering development or operational system 
development acquisitions which have specifications suitable for 
simultaneous research and development and production, except a CPAF 
contract may be used for individual engineering development or 
operational system development acquisitions ancillary to the development 
of a major weapon system or equipment, where--
    (A) It is more advantageous; and
    (B) The purpose of the acquisition is clearly to determine or solve 
specific problems associated with the major weapon system or equipment.
    (2)(A) Do not apply the weighted guidelines method to CPAF contracts 
for either the base (fixed) fee or the award fee.
    (B) The base fee shall not exceed three percent of the estimated 
cost of the contract exclusive of the fee.

[56 FR 36340, July 31, 1991. Redesignated at 63 FR 11529, Mar. 9, 1998]