Are there any restrictions on including contractor assumptions in FFP contracts?

Started by pconner · Mar 15, 2024 · 5 replies

  1. p

    pconner

    Mar 15, 2024 · 2y ago

    Original post

    We would like to include our assumptions in a new FFP contract with a federal agency. We are getting a lot of pushback from the CO and COR on our request.  Are there any known clauses or other provisions that prohibit these from being included?

  2. f

    formerfed

    Mar 15, 2024 · 2y ago

    There isn’t.  It’s negotiable.  In fact, assumptions often are included but subtlety overlooked.  Offerors make assumptions in proposals and contracting officers then incorporate technical proposals as part of the contract.  It’s a sloppy way of doing business but quite common.

  3. p

    pconner

    Mar 15, 2024 · 2y ago

    formerfed said:

    There isn’t.  It’s negotiable.  In fact, assumptions often are included but subtlety overlooked.  Offerors make assumptions in proposals and contracting officers then incorporate technical proposals as part of the contract.  It’s a sloppy way of doing business but quite common.

    Thanks formerfed, that is exactly what I thought. It has been hit or miss with this particular client so wanted to confirm.

  4. V

    Vern Edwards

    Mar 15, 2024 · 2y ago

    @pconnerWhy do you want to include your assumptions in the contract? What legal effect do you think that would have?

  5. j

    ji20874

    Mar 15, 2024 · 2y ago

    Maybe we can categorize contractor FFP assumptions into two buckets for this discussion?

    1. Proposal Pricing Assumptions.  Assumptions an offeror makes as part of developing its firm-fixed-price proposal.
    2. Performance Assumptions.  Assumptions an offeror makes which condition or limit its offer, provide an excuse for non-performance, and so forth.

    pconner, what kind of assumptions are you talking about?

  6. C

    C Culham

    Mar 15, 2024 · 2y ago

    pconner said:

    Are there any known clauses or other provisions that prohibit these from being included?

    You may find nuggets in this discussion in WIFCON to help you further add substance to comments made to your queston above.

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