Myth: “Fixed-price contracting” is preferable to
“cost-plus contracting” because cost-plus contracts place
all of the financial risk on the government.
The facts:
Fixed-price contracting and cost-plus contracting both have a very
valuable place in government contracting when used appropriately.
According to the Federal Procurement Data System, fixed-price
contracting represents the overwhelming majority of contracts awarded by
the federal government. Fixed-price contracts are best suited when the
government customer knows exactly what services and/or goods it
requires, in what quantities and/or timeframe. Under fixed-price
contracts, contractors assume the bulk of the risk, requiring them to be
efficient and to complete the tasks on time and as assigned. However,
not every contract lends itself to a fixed-price structure.
Many programs that contractors support include projects that
encompass significant uncertainty, in budgets, needs, technology
development and more. When requirement uncertainty exists—such as
in emergency environments or in research and development work—it
is in the government’s best interests to utilize cost-plus
contracts.
Cost-plus contracts are in no way “risk-free” or
“blank checks” for contractors. While the government does
assume more risk with a cost-plus contract than with a fixed-price
contract, since the government is bound to cover a contractor’s
legitimate costs incurred, those costs are subject to extensive scrutiny
and can be denied if the government determines the charges are
inappropriate. Moreover, when an opportunity presents significant risk
of performance, that "risk" is often reflected in a higher contract
price, even in a highly competitive market place.
The key to ensuring cost-plus contracts work as intended is well
defined contract requirements, effective contract administration and
personnel, and the use of appropriate incentives to
reward contractor performance.
See more myths here!