[Code of Federal Regulations]
[Title 48, Volume 6]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR2452.216-72]

[Page 481]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
         CHAPTER 24--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
Sec. 2452.216-72  Determination of award fee earned.

    As prescribed in 2416.406(e)(3), insert the following clause in all 
award fee contracts:

              Determination of Award Fee Earned (FEB 2006)

    (a) At the conclusion of each evaluation period specified in the 
Performance Evaluation Plan, the government shall evaluate the 
contractor's performance and determine the amount, if any, of award fee 
earned by the contractor. The amount of award fee to be paid will be 
determined by the designated Fee Determination Official's (FDO's) 
judgmental evaluation in accordance with the criteria set forth in the 
Performance Evaluation Plan. This decision will be made unilaterally by 
the government. In reaching this decision, the FDO may consider any 
justification of award fee the contractor submits, provided that the 
justification is submitted within [insert number] days after the end of 
an evaluation period. The FDO determination shall be in writing, shall 
set forth the basis of the FDO's decision, and shall be sent to the 
contractor within [insert number] days after the end of the evaluation 
period.
    (b) The FDO may specify in any fee determination that any amount of 
fee not earned during the evaluation period may be accumulated and 
allocated for award during a later evaluation period. The Distribution 
of Award Fee clause shall be amended to reflect the allocation.

                             (End of clause)

[71 FR 2438, Jan. 13, 2006]