Seven Steps
to performance-based acquisition
    
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step 5

Decide How to Measure and Manage Performance
Use incentive-type contracts.

Although determining the type of contract to use is often the first type of incentive considered, it is important to understand that contract type is only part of the overall incentive approach and structure of a performance-based acquisition. Other aspects have become increasingly important as agencies and contractors have moved closer to partnering relationships.

Contract types differ in their allocation and balance of cost, schedule, and technical risks between government and contractor. As established by FAR Part 16 (Types of Contracts), contract types vary in terms of:

  • The degree and timing of the risk and responsibility assumed by the contractor for the costs of performance, and
  • The amount and nature of the profit incentive offered to the contractor for achieving or exceeding specified standards or goals

The government's obligation is to assess its requirements and the uncertainties involved in contract performance and select from the contractual spectrum a contract type and structure that places an appropriate degree of risk, responsibility, and incentives on the contractor for performance.

View a Commerce Award-Fee Plan

At one end of the contractual spectrum is the firm-fixed-price contract, under which the contractor is fully responsible for performance costs and enjoys (or suffers) resulting profits (or losses). At the other end of the spectrum is the cost-plus-fixed-fee contract, in which allowable and allocable costs are reimbursed and the negotiated fee (profit) is fixed -- consequently, the contractor has minimal responsibility for, or incentive to control, performance costs. In between these extremes are various incentive contracts, including:

  • Fixed-price incentive contracts (in which final contract price and profit are calculated based on a formula that relates final negotiated cost to target cost): these may be either firm target or successive targets.
  • Fixed-price contracts with award fees (used to "motivate a contractor" when contractor performance cannot be measured objectively, making other incentives inappropriate).
  • Cost-reimbursement incentive contracts (used when fixed-price contracts are inappropriate, due to uncertainty about probable costs): these may be either cost-plus-incentive-fee or cost-plus-award-fee.
Use of certain types of incentives may be limited by availability of funds. Fortunately, there are other types of incentives that can tailored to the acquisition and performance goals, requirements, and risks. For example, agencies can also incorporate delivery incentives and performance incentives -- the latter related to contractor performance and/or specific products' technical performance characteristics, such as speed or responsiveness. Incentives are based on meeting target performance standards, not minimum contractual requirements. These, too, are negotiable.

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