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NASA Finalizes Award Fee Updates

The National Aeronautics and Space Administration has adopted, without change, an interim final rule (70,047.202) that amended the NASA Federal Acquisition Regulation Supplement to implement the FAR Award Fee revision issued in Federal Acquisition Circular 2005-46. This FAC significantly revised FAR 16.305, FAR 16.401, and FAR 16.405-2 to require agencies to link award fees to acquisition objectives in the areas of cost, schedule, and technical performance; clarify that the base fee may be included in a cost-plus-award-fee type contract; prescribe narrative ratings when making a percentage of award fee available; and prohibit issuing award fees for a rating period if the contractor's performance is judged to be below satisfactory. The FAR changes also required agencies to conduct an analysis when determining whether to use an award-fee type contract and include specific content in the award fee plans, and prohibited the rolling over of unearned award fees to subsequent rating periods. The interim rule implemented these changes at NFS 1816.405-270, NFS 1816.405-271, NFS 1816.405-274, and NFS 1816.405-275. NASA received no comments on the interim rule. The effective date of the final rule is August 2, 2011. For the text of the rule, see 70,047.204.




(The news featured above is a selection from the news covered in the Government Contracts Report Letter, which is published weekly and distributed to subscribers of the Government Contracts Reporter. )


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