Fee/Profit on ODCs under T&M orders

Started by CuriousContractor_22 · Jan 26, 2024 · 5 replies

  1. C

    CuriousContractor_22

    Jan 26, 2024 · 2y ago

    Original post

    I know fee is not allowed on ODCs for T&M contracts, but can contractors negotiate fee/profit or some sort of markup on ODC special item numbers like ANCILLARY? Are there certain exceptions like if they are selling an off the shelf product?

  2. f

    formerfed

    Jan 28, 2024 · 2y ago

    @CuriousContractor_22 Some questions.   Are you asking about T&M contracts in general or just task orders under GSA Schedules and other types IDIQ contracts?  You mentioned special item number and that usually refers to GSA Schedule.  What’s your source for saying fee isn’t allowed on ODCs?

  3. R

    Retreadfed

    Jan 29, 2024 · 2y ago

    Curious, have you looked at FAR 52.232-7(b)(2)?

  4. C

    CuriousContractor_22

    Jan 29, 2024 · 2y ago

    formerfed said:

    @CuriousContractor_22 Some questions.   Are you asking about T&M contracts in general or just task orders under GSA Schedules and other types IDIQ contracts?  You mentioned special item number and that usually refers to GSA Schedule.  What’s your source for saying fee isn’t allowed on ODCs?

    Apologies @formerfed let me clarify first: yes, I meant T&M task orders under GSA Schedules. I have seen under the ANCILLARY SIN indications "markup" on ODCs negotiated on a vendors' schedule. This caught my eye and made me curious if fee/profit was acceptable on a T&M task order under GSA MAS as long as it is negotiated under something like the ANCILLARY SIN.

    @Retreadfed referenced FAR 52.232-7(b)(2), which states "(7) Except as provided for in 31.205-26(e) and (f), the Government will not pay profit or fee to the prime Contractor on materials" - this is what I was thinking about with the Government not allowing fee/profit on ODCs on T&M task orders under GSA MAS.

  5. R

    Retreadfed

    Jan 29, 2024 · 2y ago

    Curious, (b)(2) is an exception to (b)(7).  If a contractor provides a commercial item that it produces, the contractor can bill the government for that item at the contractor's price, which includes profit.  Check the MAS contract that you are dealing with.  It likely has a GSA version of 52.232-7.  That clause would apply to T&M orders under the contract.

  6. f

    formerfed

    Jan 29, 2024 · 2y ago

    To save you time going through all the clauses and background, GSA published this a few years ago.  5.15 answers your question

    ODC.  Also see 3.5  saying that everything must be commercial.

Sign in or sign up to post a reply.