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DLAD PART 31



PART 31

CONTRACT COST PRINCIPLES AND PROCEDURES

TABLE OF CONTENTS

SUBPART 31.1 – Applicability

31.109 Advance Agreements

SUBPART 31.2 - CONTRACTS WITH COMMERCIAL ORGANIZATIONS

31.205-7 Contingencies.

31.205-10 Cost of Money

31.205-19 Insurance and indemnification.

SUBPART 31.1 – Applicability

31.109 (h)(4)(90) Pre–Contract Costs

(a) Pre-contract cost agreement (also see FAR 31.205-32) may be used when:

(b) Pre-contract cost agreements are approved at the same level and in the same manner as an Undefinitized Contract Action (UCA) (see DLAD 1.690-6(h)) at that dollar level and must be reviewed for legal sufficiency. Whenever possible, include the request for pre-contract cost agreement in the request for contract clearance.

(c) Obtain legal review before issuing the agreement. As a condition precedent to the use of a pre-contract cost agreement, the correct type of funds must be available upon issuance of the pre-contract cost agreement. While not legally necessary, prudent business acumen would dictate, that to the maximum extent possible, agreement on terms and conditions also be established prior to issuance of a pre-contract agreement.

(d) Obtain CCO approval, and, as applicable, legal review if the conditions in (4) apply, if the contracting officer plans to advise a prospective contractor of the government’s intent to use an effective date before the contract mailing (award) date.

(e) Insert a pre-contract cost clause substantially the same as at 52.231-9000, Pre-Contract Costs (Air Force DLR – Aviation Supply Chain), in any resulting contract.

SUBPART 31.2-CONTRACTS WITH COMMERCIAL ORGANIZATIONS

31.205-7 Contingencies.

(c)(2)(90) When a negotiated fixed price type contract (including indefinite delivery, labor-hour, or time-and-materials contracts) is contemplated, whether to be awarded on a firm-priced or flexibly priced basis (includes economic and award fee bases), the following techniques should be considered to overcome contingencies described in FAR 31.205-7(c)(2) which present a substantial uncertainty and financial risk to the contractor and/or the Government:

(i) Applying a decrement factor for contingencies involving materials (see 15.401);

(ii) Delaying the award so that the contingent effect may reasonably be determined or the contingency resolved, and the contract priced accordingly;

(iii) Using a cost reimbursable type contract;

(iv) Segregating the contingency as a cost reimbursable line; or,

(v) When the contracting officer documents why each of the preceding techniques will not suffice, incorporating a reopener clause in the contract (see Subpart 17.92).

31.205-10 Cost of money.

(a)(1)(ii)(c) For Information on the interest rate specified at this FAR cite, see 30.7001-2(e).

31.205-19 Interest and indemnification.

(a)(3)(i) For information on the interest rate specified at this FAR cite, see 30.7001-2(e).

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