48 CFR · Federal Acquisition Regulation and Defense supplement

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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.

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22 sections with “cost-plus-fixed-fee contract”

  • FAR 16.306 Cost-plus-fixed-fee contracts.
    (a) Description. A cost-plus-fixed-fee contract is a cost-reimbursement contract that provides for payment to the contractor of a negotiated fee that is fixed at the inception of the contract. The fixed fee does not vary with actual cost, b…
  • DFARS 216.306 Cost-plus-fixed-fee contracts.
    …ii) of this section, annual military construction appropriations acts prohibit the use of cost-plus-fixed-fee contracts that— (A) Are funded by a military construction appropriations act; (B) Are estimated to exceed $25,000; and (C) Will…
  • DFARS 236.271 Cost-plus-fixed-fee contracts.
    Annual military construction appropriations acts restrict the use of cost-plus-fixed-fee contracts (see 216.306(c)). See also 216.301-3 regarding the prohibition on the use of certain cost-reimbursement contracts in connection with a milita…
  • FAR 16.307 Contract clauses.
    …cer shall insert the clause at 52.216-8, Fixed Fee, in solicitations and contracts when a cost-plus-fixed-fee contract (other than a construction contract) is contemplated. (c) The contracting officer shall insert the clause at 52.216-9, F…
  • DFARS 216.405-2 Cost-plus-award-fee contracts.
    … (i) The cost-plus-award-fee contract shall not be used— (A) To avoid— (1) Establishing cost-plus-fixed-fee contracts when the criteria for cost-plus-fixed-fee contracts apply; or (2) Developing objective targets so a cost-plus-incentive…
  • FAR 15.404-4 Profit.
    …41 U.S.C. 3905): (A) For experimental, developmental, or research work performed under a cost-plus-fixed-fee contract, the fee shall not exceed 15 percent of the contract's estimated cost, excluding fee. (B) For architect-engineer service…
  • FAR 52.219-10 Incentive Subcontracting Program.
    …e unilateral decisions made solely at the discretion of the Government. (c) If this is a cost-plus-fixed-fee contract, the sum of the fixed fee and the incentive fee earned under this contract may not exceed the limitations in 15.404-4 of …
  • DFARS 211.503 Contract clauses.
    …Liquidated Damages—Construction, in all construction contracts exceeding $900,000, except cost-plus-fixed-fee contracts or contracts where the contractor cannot control the pace of the work. Use of the clause in contracts of $900,000 or les…
  • DFARS 215.404-71-3 Contract type risk and working capital adjustment.
    … not receive the working capital adjustment. (5) These types of contracts are considered cost-plus-fixed-fee contracts for the purposes of assigning profit values. They shall not receive the working capital adjustment in Block 25. However,…
  • DFARS 216.601 Time-and-materials contracts.
    …e work or to anticipate costs with any reasonable degree of certainty; (3) Address why a cost-plus-fixed-fee term or other cost-reimbursement, incentive, or fixed-price contract or order is not appropriate; for contracts (including indefin…
  • FAR 11.503 Contract clauses.
    …uidated Damages—Construction, in solicitations and contracts for construction, other than cost-plus-fixed-fee, when the contracting officer determines that liquidated damages are appropriate (see 11.501(a)). If the contract specifies more t…
  • FAR 36.208 Concurrent performance of firm-fixed-price and other types of construction contracts.
    In view of potential labor and administrative problems, cost-plus-fixed-fee, price-incentive, or other types of contracts with cost variation or cost adjustment features shall not be permitted concurrently, at the same work site, with firm-…
  • FAR 52.244-2 Subcontracts.
    …eless shall notify the Contracting Officer reasonably in advance of entering into any (i) cost-plus-fixed-fee subcontract, or (ii) fixed-price subcontract that exceeds either the simplified acquisition threshold, as defined in FAR 2.101 on …
  • FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity.
    …The price or fee reduction referred to in paragraph (a) of this clause shall be— (1) For cost-plus-fixed-fee contracts, the amount of the fee specified in the contract at the time of award; (2) For cost-plus-incentive-fee conrtracts, the …
  • FAR 52.216-8 Fixed Fee.
    …rescribed in 16.307(b), insert the following clause in solicitations and contracts when a cost-plus-fixed-fee contract (other than a facilities contract or a construction contract) is contemplated. Fixed Fee (JUN 2011) (a) The Government …
  • DFARS 232.703-70 Military construction appropriations act restriction.
    …appropriations acts restrict the use of funds appropriated by the acts for payments under cost-plus-fixed-fee contracts (see 216.306(c)).
  • FAR 44.201-2 Advance notification requirements.
    …proved purchasing system, 10 U.S.C. 3322(c) requires notification before the award of any cost-plus-fixed-fee subcontract, or any fixed-price subcontract that exceeds the greater of the simplified acquisition threshold or 5 percent of the t…
  • DFARS 252.246-7001 Warranty of data.
    …firm-fixed-price subcontract; (B) Seventy-five percent of the total subcontract fee in a cost-plus-fixed-fee or cost-plus-award-fee subcontract; or (C) Seventy-five percent of the total subcontract target profit or fee in a fixed-price-in…
  • FAR 16.101 General.
    …ctor has full responsibility for the performance costs and resulting profit (or loss), to cost-plus-fixed-fee, in which the contractor has minimal responsibility for the performance costs and the negotiated fee (profit) is fixed. In between…
  • FAR 52.216-9 Fixed Fee—Construction.
    …rescribed in 16.307(c), insert the following clause in solicitations and contracts when a cost-plus-fixed-fee construction contract is contemplated: Fixed Fee—Construction (JUN 2011) (a) The Government shall pay to the Contractor for perf…
  • DFARS 215.404-72 Modified weighted guidelines method for nonprofit organizations other than FFRDCs.
    … Secretary of Defense or a Secretary of a Department as receiving sustaining support on a cost-plus-fixed-fee basis from a particular DoD department or agency, compute a fee objective for covered actions using the weighted guidelines method…
  • DFARS 216.301-3 Limitations.
    …truction project or a military family housing project, contracting officers shall not use cost-plus-fixed-fee, cost-plus-award-fee, or cost-plus-incentive-fee contract types (10 U.S.C. 3323). This applies notwithstanding a declaration of wa…

FAR (chapter 1)

DFARS (chapter 2, Defense)

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Rule changes in progress: FAR, DFARS. Terms: glossary.