FAR 52.216-9 Fixed Fee-Construction
Clause Federal Acquisition Regulation Jun 2011 version
Facts
- Citation
- FAR 52.216-9
- Type
- Clause
- Current version
- June 2011
- Prescribed in
- FAR 16.307(c)
- Last amended
- 76 FR 31402 Effective Jun 30, 2011
- 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 clause.
Text
As prescribed in 16.307(c), insert the following clause:
Fixed Fee-Construction (Jun 2011)
(a) The Government shall pay to the Contractor for performing this contract the fixed fee specified in the Schedule.
(b) Payment of the fixed fee shall be made in installments based upon the percentage of completion of the work as determined from estimates submitted to and approved by the Contracting Officer, but subject to the withholding provisions of paragraph (c) of this section.
(c) The Contracting Officer shall withhold a reserve not to exceed 15 percent of the total fixed fee or $100,000, whichever is less, to protect the Government’s interest. The Contracting Officer shall release 75 percent of all fee withholds under this contract after receipt of an adequate certified final indirect cost rate proposal covering the year of physical completion of this contract, provided the Contractor has satisfied all other contract terms and conditions, including the submission of the final patent and royalty reports, and is not delinquent in submitting final vouchers on prior years’ settlements. The Contracting Officer may release up to 90 percent of the fee withholds under this contract based on the Contractor’s past performance related to the submission and settlement of final indirect cost rate proposals.
(End of clause)
Federal Register history
| Final rule | Published | Effective |
|---|---|---|
| Federal Acquisition Regulation; Contract Closeout |
Proposed changes
| Proposed rule | Published | Comments |
|---|---|---|
| Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 16, 17, and 35 | Closed Oct 19, 2026No final rule found |
Quick answers
What is FAR 52.216-9?
FAR 52.216-9 is a clause of the Federal Acquisition Regulation, titled "Fixed Fee-Construction".
What is the current version of FAR 52.216-9?
The current version is dated June 2011.
Where is FAR 52.216-9 prescribed?
It is prescribed in FAR 16.307(c), Contract clauses.
When was FAR 52.216-9 last changed?
The most recent final rule on record is "Federal Acquisition Regulation; Contract Closeout" (76 FR 31402), published May 31, 2011 and effective Jun 30, 2011.
Are changes to FAR 52.216-9 proposed?
One proposed change has no final rule yet.
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