FAR and DFARS › FAR Part 16: Types of Contracts › Subpart 16.4

FAR 16.403 Fixed-price incentive contracts.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section describes fixed-price incentive contracts, which are fixed-price contracts where profit is adjusted and the final price is set by a formula comparing total final negotiated cost to total target cost, subject to a negotiated price ceiling. It explains when this contract type is appropriate and how interim billing prices work. It matters because it tells contractors how their profit and final payment can change based on cost performance.

Applies to: Contractors being considered for or holding a fixed-price incentive contract

Key terms: fixed-price incentive contract · final contract price · total final negotiated cost · total target cost · price ceiling

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a) Description. A fixed-price incentive contract is a fixed-price contract that provides for adjusting profit and establishing the final contract price by application of a formula based on the relationship of total final negotiated cost to total target cost. The final price is subject to a price ceiling, negotiated at the outset. The two forms of fixed-price incentive contracts, firm target and successive targets, are further described in 16.403-1 and 16.403-2 below.

(b) Application. A fixed-price incentive contract is appropriate when—

(1) A firm-fixed-price contract is not suitable;

(2) The nature of the supplies or services being acquired and other circumstances of the acquisition are such that the contractor's assumption of a degree of cost responsibility will provide a positive profit incentive for effective cost control and performance; and

(3) If the contract also includes incentives on technical performance and/or delivery, the performance requirements provide a reasonable opportunity for the incentives to have a meaningful impact on the contractor's management of the work.

(c) Billing prices. In fixed-price incentive contracts, billing prices are established as an interim basis for payment. These billing prices may be adjusted, within the ceiling limits, upon request of either party to the contract, when it becomes apparent that final negotiated cost will be substantially different from the target cost.

Sections it refers to

  • 16.403-1 Fixed-price incentive (firm target) contracts.
  • 16.403-2 Fixed-price incentive (successive targets) contracts.

Sections that refer to it

  • 16.204 Fixed-price incentive contracts.
  • 16.401 General.
  • 31.103 Contracts with commercial organizations.

← 16.402-4 Structuring multiple-incentive contracts. · 16.403-1 Fixed-price incentive (firm target) contracts. →

Rule changes for FAR Part 16

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 16.403 Fixed-price incentive contracts · SpendQuery