(b) Prospective revaluation of the price at a specific time or at specific times of execution for subsequent execution periods. This subsection prescribes policies and procedures for the establishment and use of basic agreements and basic purchase agreements. (See 13,303 for master procurement contracts (EPS) and see 35,015 (b) for additional coverage of core agreements with educational institutions and not-for-profit organizations.) 3. The text of registered contracts or international agreements, accompanied by certificates, shall remain the responsibility of the Secretariat. (c) Each contract letter shall include a negotiated definition plan, as required by clause 52.216-25, Definition of Contract, which includes (1) data for the submission of the Contractor`s price proposal, required cost or certified price data, and data other than certified costs or price data; and, if necessary, manufacturing or purchasing and subcontracting plans, (2) a date for the start of negotiations and (3) a target date for the definition, which is the earliest possible date for the definition. The schedule provides for the determination of the contract within 180 days of the date of the contract letter or before the completion of 40% of the work to be performed, whichever comes first. However, the contract staff may, in extreme cases and in accordance with the Agency`s procedures, authorise an additional period. If, after exhausting all reasonable efforts, the Contractor and the Contractor are unable to negotiate a final contract because no agreement on price or fees could be reached, the clause under subsections 52.216-25 requires the Contractor to proceed with the Work and provides that the Contractor, with the consent of the head of the contracting activity, determine a reasonable price or cost in accordance with paragraphs 15.4 and 31, subject to appeal in accordance with the dispute resolution clause. 1. The register shall be kept in English and French.
The register shall include, for each treaty or international agreement, a register of: 1. Any treaty or international agreement governed by Article 1 of this Regulation shall be registered ex officio by the United Nations in the following cases: 16 600 Scope. Temporary and material contracts and hourly employment contracts are not fixed-price contracts. 16,601 temporary and material contracts. (a) Definitions for temporary and physical contracts. Direct materials are materials that enter directly into the final product or that are used or consumed directly in connection with the supply of the final product or service. Hourly rate means the rates prescribed in the contract for the payment of workers corresponding to the qualifications of the class of work of a class of work specified in the contract, which – (1) are performed by the contractor; (2) Performed by subcontractors; or (3) Transferred between departments, subsidiaries or affiliates of the Contractor under joint control. Material means – (1) Direct Material, including Supplies, transferred between the Contractor`s services, subsidiaries or affiliates under common control; (2) subcontracts for supplies and ancillary services for which there is no class of work specified in the contract; (3) Other direct costs (e.g. B, ancillary services for which there is no category of work specified in the contract, travel expenses, computer use, etc.); and (4) applicable indirect costs. (b) Description.
A time and equipment contract provides for the purchase of supplies or services on the basis of – (1) direct hours of work at certain fixed hourly rates, which include wages, overhead, general and administrative expenses and profits; and (2) the actual costs of materials (except as provided in paragraphs 31.205-26(e) and (f)). (c) enforcement. A time and material contract may only be used if it is not possible, at the time of conclusion of the contract, to accurately estimate the extent or duration of the work or to anticipate costs with a reasonable degree of safety. See 12.207(b) for the use of time and material contracts for certain commercial services. (1) State surveillance. A time and material contract does not provide the contractor with a positive incentive for profit to control the costs or efficiency of the work. Therefore, adequate government monitoring of contractor performance is necessary to provide reasonable assurance that efficient methods and effective cost controls are in place. (2) Fixed hourly rates.
(i) The contract must set separate fixed hourly rates that include wages, overhead, general and administrative expenses and profits for each category of work (see 16,601(f)(1)). (ii) For the acquisition of non-commercial items awarded without reasonable price competition (see 15.403-1 (c)(1)), the contract must set separate fixed hourly rates that include wages, overhead, general and administrative expenses and profits for each category of work to be performed by – (A) the contractor; (b) any subcontractor; and (C) any department, subsidiary or affiliate of the Contractor under common control. (iii) In the case of contractual work not awarded in competitive proceedings, fixed hourly rates for services transferred between services, subsidiaries or affiliates of the jointly controlled contractor shall not be included, unless they are exempted under point (iv) of paragraph c(2) of this Section. but (B) May include profits to the prime contractor. (iv) For contract work which is not awarded under competitive procedures, the fixed hourly rates for services which meet the definition of the commercial article in point 2.101 and which are transferred between the departments, subsidiaries or affiliates of the contractor under common control may be the fixed catalogue or the market price if – (A) It is the established practice of the transferring organisation to interorganise transfers to assess anything other than the cost of the Contractor`s business work or any commonly controlled department, subsidiary or affiliate of the Contractor; and (B) the contractor did not determine that the price was unreasonable. (3) Handling costs. If included in the cost of materials, material flow costs include only those costs that are clearly excluded from the hourly rate. Handling costs may include all reasonable indirect costs allocated to direct materials in accordance with the Contractor`s usual accounting procedures in accordance with Part 31. (d) Restrictions. A contract or order for time and materials may only be used if – (1) The Contractor prepares a declaration and determines that no other type of contract is suitable.
(i) signed by the contract staff before the end of the base period or any option period of the contracts; and (ii) approved by the head of the contractual activity prior to the performance of the base period if the base period plus option periods exceeds three years; and (2) The contract or order contains a maximum price exceeded by the Contractor at its own risk. See also paragraph 12.207(b) for further restrictions on the use of time and equipment or hourly employment contracts for the acquisition of commercial property. (e) post-award requirements. Before increasing the maximum price of a contract or hourly contract, the contract agent – (1) conducts an analysis of prices and other relevant factors to determine whether the action is in the best interest of the government; (2) Document the decision in the contract or order file; and (3) if you make an amendment that changes the generality of – (i) a contract, follow the procedures under section 6.303; (ii) An order made under the Federal Supply Schedules must follow the procedures set out in sections 8.405 to 6; or (iii) an order placed in connection with government procurement and multiple supplies, follow the procedures referred to in paragraph 16.505(b)(2). (f) Solicitation provisions. (1) The Contractor shall insert the provision under 52.216-29, Time and Material Requirements/Hours of Work – Acquisitions of Non-Commercial Items with Adequate Price Competition, in calls that contemplate the use of a time and materials or hours of work contract for non-commercial items if the price should be based on reasonable price competition. Where approved by agency procedures, the contract agent may amend the provision in order to make one of the three approaches referred to in point (c) of the provision mandatory and/or to require the identification of all subcontractors, services, subsidiaries or related undertakings included in a mixed work package. (2) The Contractor shall include provision in 52.216-30, Time and Material/Hours of Work Requirements – Acquisitions of Non-Commercial Items Without Adequate Price Competition, in solicitations of non-commercial items that contemplate the use of a time and materials or hours of work contract, unless the price is expected to be based on reasonable price competition. (3) The Contractor shall insert the provision under 52.216-31, Time-and-Materials/Labor-Hour Proposal Requirements-Commercial Item Acquisitions, in applications that contemplate the use of a contract for time and commercial equipment or hours of work. . .