Section 19-4326. COST-REIMBURSEMENT CONTRACTS  


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    4326.1The CCO shall use a cost-reimbursement contract only when the requirement cannot be fully defined and costs cannot be estimated with sufficient accuracy to use any type of fixed-price contract.

     

    4326.2The CCO shall justify the use of a cost-reimbursement contract in writing.

     

    4326.3When a cost-reimbursement contract is utilized, the CCO shall take steps to minimize cost over-runs.

     

    4326.4Each cost-reimbursement contract shall include a specified ceiling that a contractor shall not exceed.

     

    4326.5The CCO may use a cost-reimbursement contract only when each of the following circumstances applies:

     

    (a)The contractor's accounting system is adequate for determining costs applicable to the contract; and

     

    (b)There is reasonable assurance that efficient methods of surveillance and effective cost controls by the Library will be used.

     

    4326.6The CCO shall incorporate the appropriate clauses in each solicitation and contract when a cost-reimbursement type contract is utilized.

     

    4326.7The CCO shall not use a cost-plus-incentive fee or cost-plus-award fee type contract.

     

    4326.8The CCO may use a cost-sharing contract when the contractor agrees to absorb an equal portion of the costs and no fee.

     

    4326.9The CCO may use a cost reimbursement contract which allows for a contractor to be reimbursed based on actual costs only and no fee.

     

    4326.10The CCO may use a cost-plus-fixed-fee contract that provides for payment to the contractor of a negotiated fee in a fixed amount at the inception of the contract. The fixed fee does not vary with actual costs.

     

    4326.11A cost-plus-fixed-fee contract may be in either a completion form or level-of-effort form. The completion form shall be the preferred form. A completion form requires the contractor to provide a concrete end product based on a definite goal or target specified in the statement of work. The level-of-effort form calls for the contractor's services (time and effort) rather than a concrete end product. The level-of-effort form reimburses the contractor's incurred costs (within a specified ceiling) and is paid a fixed fee based on satisfactory performance.

     

source

Final Rulemaking published at 55 DCR 493 (January 18, 2008).