FAR 16.404 Fixed-price contracts with award fees

Section Federal Acquisition Regulation

Facts

Citation
FAR 16.404
Type
Section
Last amended
74 FR 52856 Effective Oct 14, 2009
Proposed changes
1
Text as of
FAC 2026-01
Official text
acquisition.gov

Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this section.

Text

Award-fee provisions may be used in fixed-price contracts when the Government wishes to motivate a contractor and other incentives cannot be used because contractor performance cannot be measured objectively. Such contracts shall establish a fixed price (including normal profit) for the effort. This price will be paid for satisfactory contract performance. Award fee earned (if any) will be paid in addition to that fixed price. See 16.401(e) for the requirements relative to utilizing this contract type.

Federal Register history

Final rule Published Effective
Federal Acquisition Regulation; FAR Case 2008-008, Award Fee Language Revision 74 FR 52856 · FAC 2005-37

Proposed changes

Proposed rule Published Comments
Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 16, 17, and 35 91 FR 59476 · FAR Case 2026-006, Docket No. FAR-2026-0006, Sequence No. 1 Closed Oct 19, 2026No final rule found

Sections cited

Quick answers

What is FAR 16.404?

FAR 16.404 is a section of the Federal Acquisition Regulation, titled "Fixed-price contracts with award fees".

When was FAR 16.404 last changed?

The most recent final rule on record is "Federal Acquisition Regulation; FAR Case 2008-008, Award Fee Language Revision" (74 FR 52856), published Oct 14, 2009 and effective Oct 14, 2009.

Are changes to FAR 16.404 proposed?

One proposed change has no final rule yet.

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