[Code of Federal Regulations]

[Title 48, Volume 5]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR752.216-70]



[Page 59-60]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

             CHAPTER 7--AGENCY FOR INTERNATIONAL DEVELOPMENT

 

PART 752_SOLICITATION PROVISIONS AND CONTRACT CLAUSES--Table of Contents

 

              Subpart 752.2_Texts of Provisions and Clauses

 

Sec. 752.216-70  Award fee.



    As prescribed in 716.406, insert the following clause in 

solicitations and contracts in which an award-fee contract is 

contemplated.



[[Page 60]]



                          Award Fee (MAY 1997)



    (a) The Government shall pay the Contractor for performing this 

contract such base fee and such additional fee as may be awarded, as 

provided in the Schedule.

    (b) Payment of the base fee and award fee shall be made as specified 

in the Schedule; provided, that after payment of 85 percent of the base 

fee and potential award fee, the Contracting Officer may withhold 

further payment of the base fee and award fee until a reserve is set 

aside in an amount that the Contracting Officer considers necessary to 

protect the Government's interest. This reserve shall not exceed 15 

percent of the total base fee and potential award fee or $100,000, 

whichever is less. The Contracting Officer shall release 75 percent of 

all fee withholds under this contract after receipt of the certified 

final indirect cost rate proposal covering the year of physical 

completion of this contract, provided the Contractor has satisfied all 

other contract terms and conditions, including the submission of the 

final patent and royalty reports, and is not delinquent in submitting 

final vouchers on prior years' settlements. The Contracting Officer may 

release up to 90 percent of the fee withholds under this contract based 

on the Contractor's past performance related to the submission and 

settlement of final indirect cost rate proposals.

    (c) Award fee determinations made by the Government under this 

contract are not subject to the Disputes clause.



                             (End of clause)



[64 FR 5008, Feb. 2, 1999]