Contracts & Legal

Contracts & Legal

Fixed Price Contract

A Fixed-Price (FP) (FAR Subpart 16.2) contract provides for a price that might be subject to an adjustment based on the contractor’s cost experience in performing the contract. Unless otherwise specified in the contract, the ceiling price or target price is subject to adjustment only by operation of contract clauses providing for equitable adjustment or other revision of […]

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Partnership Intermediary Agreement

A Partnership Intermediary Agreement (PIA) (15 U.S.C. §3715 ) is a contract, agreement, or memorandum of understanding with a non-profit partnership intermediary to bring together academia and industry on behalf of the government to speed up tech transfer and licensing. Definition: Partnership Intermediary means an agency of a State or local government, or a nonprofit

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Business Clearance

Business Clearance is the formal approval from leadership to execute a contract after negotiations have been finalized. It’s accomplished by a contracting officer that develops a draft and final Price-Negotiation Memorandum (PNM) or Price-Competitive Memorandum (PCM) to be submitted for approval. Definition: Business Clearance is the formal authorization from leadership to execute a contract following the

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Cooperative Agreement

A Cooperative Agreement is a legal instrument used to enter into a relationship between the government and the recipient when carrying out the activity contemplated by the cooperative agreement. A cooperative agreement is used when it’s expected there will be “substantial involvement” (unlike a grant) from the government. Definition: A legal instrument reflecting a relationship between

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Request for Equitable Adjustment (REA)

A Request for Equitable Adjustment (REA) is an official request from a contractor to a contracting officer asking for an equitable change to the contract price based on a change to the contract requirements. An REA typically occurs when the contractor finds that an unexpected issue has arisen that wasn’t anticipated during the development of

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10 USC 2373 “Procurement for Experimental Purposes”

Title 10 Section 2373 “Procurement of Experimental Purposed” is a rapid acquisition tool for fielding and testing new capabilities. Organizations must request delegations of authority to utilize 2373. Since FAR and DFARS don’t apply to section 2373 projects can be streamlined avoiding non-value-added processes. Section 2373 authority can be combined with other authorities such as

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Best-In-Class

Best-in-Class (BIC) is designated by the Office of Management and Budget (OMB) as a preferred governmentwide solution that: Allows acquisition experts to take advantage of pre-vetted, governmentwide contract solutions; Supports a governmentwide migration to solutions that are mature and market-proven; Assists in the optimization of spend, within the governmentwide category management framework; and Increases the

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Commercial Solutions Opening (CSO)

A Commercial Solutions Opening (CSO) is a merit-based source selection strategy for the Department of Defense (DoD) to acquire innovative commercial items, technologies, or services that directly fulfill requirements, close capability gaps, or provide potential technological advances. It’s focused on businesses or institutions that have “not traditionally” done business with the U.S. Government. CSO can

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Fixed-Price Incentive (Successive Targets)

A fixed-price incentive (successive target) contract (FAR 16.403-2) is an incentive type contract that operates in the same way as a Fixed Price Incentive (firm target) contract except that one or more revisions in the target cost and target profit may be made during performance. At the beginning, the contracting officer shall specify in the

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Determinations and Findings

Determinations and Findings (D&F) (FAR Subpart 1.7) is a special form of written approval by an authorized official that is required by statute or regulation as a prerequisite to taking certain contract actions. The “determination” is a conclusion or decision supported by the “findings.’’ The findings are statements of fact or rationale essential to support

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Defense Grant and Agreement Regulatory System (DGARS)

  Defense Grant and Agreement Regulatory System (DGARS) is a system of policies and procedures to guide DoD for utilizing grants and cooperative agreements. It governs the award of grants and other non-procurement transactions.   AcqLinks and References DoD Directive 3210.06 “Defense Grant and Agreement Regulatory System (DGARS)” – 6 Feb 2014 Updated: 7/17/2017  

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Fixed Price Incentive (Firm Target)

A Fixed-Price Incentive (Firm Target) (FAR 16.403-1) contract specifies a target cost, a target profit, a price ceiling (but not a profit ceiling or floor), and a profit adjustment formula. These elements are all negotiated at the outset. The price ceiling is the maximum that may be paid to the contractor, except for any adjustment

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Integrated Program Management Report (IPMR)

The Integrated Program Management Report (IPMR) is a contractually required report, prepared by the contractor, containing performance information derived from the contractor’s internal Earned Value Management System (EVMS). It provides the status of progress on the contract. [1] The IPMR DID takes a major step towards improving the integration of cost and schedule reporting by

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Simplified Acquisition Procedures (SAP)

Simplified Acquisition Procedures (SAP) (FAR Part 13 / DFARS Part 213) are designed for the purchase of relatively simple supply or service requirements. It is a contracting method that seeks to reduce the amount of work the government must undertake to evaluate an offer. SAP is supposed to be used to the maximum extent practicable

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Price-Negotiation Memorandum (PNM)

Business Clearance is the formal approval from leadership to execute a contract after negotiations have been finalized. It’s accomplished by a contracting officer that develops a draft and final Price-Negotiation Memorandum (PNM) or Price-Competitive Memorandum (PCM) to be submitted for approval. Definition: Business Clearance is the formal authorization from leadership to execute a contract following the

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Contracts & Legal

Competitive Range Determination (CRD)

Competitive Range Determination (CRD) is the range of proposals that have been identified by a contracting officer to be highly rated amount a group of proposals. These highly rated proposals will be continued into source selection.  CRD helps eliminate proposals that are not competitive before starting an official source selection and to strengthen those that

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Sole Soure – Justification and Approval

A sole source procurement (called an Other than Full & Open Competition) is when the government enters into a contract with a contractor without going through the typical competitive process as required by law because it deems that the contractor is the only source available to meet government requirements. A Justification and Approval (J&A) is

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Lowest Price Technically Acceptable (LPTA)

Lowest Price Technically Acceptable (LPTA) source selection process (FAR 15.101-2) is where the government determines that the lowest price is awardable over the complaint technical offering of all proposals. LPTA is appropriate only when the government “expects” it can achieve the best value by selecting the technically acceptable proposal and offering the lowest evaluated price. 

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Competition in Contracting Act (CICA) – DoD Overview

The Competition in Contracting Act (CICA) of 1984 (41 U.S.C. 253) (H.R. 5184) (FAR Subpart 6.1″Full and Open Competition”) is a public law enacted for the purpose of encouraging competition for the award of all types of government contracts. The purpose was to increase the number of competitors and to increase savings through lower, more competitive

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Forward Pricing Rate Proposal (FPRP)

A Forward Pricing Rate Agreement (FPRA) is an agreement between a contractor and a government agency in which certain indirect rates are established for a specified period of time. These rates are estimates of costs and are used to price contracts and contract modifications. Website: DFARS Subpart 215.4 – Contract Pricing Purpose of Forward Pricing

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Quick Reaction Procurement (QRP)

A Quick Reaction Procurement (QRP) addresses purchase orders of less than $3000 is limited to non-production items, supplies, services, and covers materials that are typically needed as soon as possible and where minimal inspection is required. Website: FAR Part 13.103 The purpose of this part is to prescribe simplified acquisition procedures in order to: (a)

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Undefinitized Contract Actions (UCA)

Undefinitized Contract Actions (UCA) (DFARS 217.7401), also called Letter Contracts, are those contract actions for which the contract terms, specifications, or price are not agreed upon before performance commences. Examples are letter contracts, Basic Ordering Agreements (BOA), and provisioned item orders, for which the price has not been agreed upon before performance has begun. Definition:

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