Fee Structure. (a) The Contracting Officer reserves the unilateral discretion to allocate between 15 percent (%) and 25% of the Available Fee for the Base Period and Option Period(s) (if exercised), to each fiscal year as described in this Clause; and as adjusted in the Section B Clause entitled, Changes to Contract Cost and Contract Fee. The Contractor will have the opportunity to earn 100% of the Available Fee, as adjusted, within a Contract period. (b) The Available Fee shown in Table B.4-1, Contract Cost and Contract Fee, can be earned through objective fee components and/or subjective fee components. The performance measures for these components and the Available Fee for the period allocated to the fiscal year are provided in the Section J Attachment entitled, Performance Evaluation and Measurement Plan (PEMP). The PEMP may contain annual and multi-year performance measures. (1) Available Fee for the period allocated to annual performance measures may only be earned in that fiscal year. Allocated Available Fee for the fiscal year not earned in the fiscal year for an annual performance measure is unavailable and not payable to the Contractor. The Contractor forfeits any rights to unearned fee. The Contracting Officer reserves the unilateral discretion to determine how any unearned fee will be utilized. (2) Available Fee for the period allocated to fiscal years for multi-year performance measures may be earned incrementally or upon final fee determination. Allocated Available Fee not earned for a multi-year performance measure is unavailable and not payable to the Contractor. The Contractor forfeits any rights to unearned fee. The Contracting Officer reserves the unilateral discretion to determine how any unearned fee will be utilized. (3) Provisional Fee is defined as Available Fee that is paid contingently during an annual performance period. Provisional Fee may become earned fee upon the final fee determination. (4) Incremental Fee is defined as Available Fee that the Contractor may earn by achieving a specific, fee-bearing, performance measure event. (5) Individual performance measures may require the Contractor to exceed approved baseline performance to earn 100% of the fee allocated to that performance measure. (c) The Contracting Officer will prepare and issue performance measures prior to the start of each fiscal year. The Contracting Officer may provide draft performance measures for Contractor review and input; however, the Contracting Officer reserves the unilateral discretion to issue the performance measures without Contractor review.
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Fee Structure.
(a) The Contracting Officer reserves the unilateral discretion to allocate between 15 percent (%) and 25% of the Available Fee for the Base Period and Option Period(s) (if exercised), to each fiscal year as described in this Clause; and as adjusted in the Section B Clause entitled, Changes to Contract Cost and Contract Fee. The Contractor will have the opportunity to earn 100% of the Available Fee, as adjusted, within a Contract period.
(b) The Available Fee shown in Table B.4-1, Contract Cost and Contract Fee, can be earned through objective fee components and/or subjective fee components. The performance measures for these components and the Available Fee for the period allocated to the fiscal year are provided in the Section J Attachment entitled, Performance Evaluation and Measurement Plan (PEMP). The PEMP may contain annual and multi-year performance measures.
(1) Available Fee for the period allocated to annual performance measures may only be earned in that fiscal year. Allocated Available Fee for the fiscal year not earned in the fiscal year for an annual performance measure is unavailable and not payable to the Contractor. The Contractor forfeits any rights to unearned fee. The Contracting Officer reserves the unilateral discretion to determine how any unearned fee will be utilized.
(2) Available Fee for the period allocated to fiscal years for multi-year performance measures may be earned incrementally or upon final fee determination. Allocated Available Fee not earned for a multi-year performance measure is unavailable and not payable to the Contractor. The Contractor forfeits any rights to unearned fee. The Contracting Officer reserves the unilateral discretion to determine how any unearned fee will be utilized.
(3) Provisional Fee is defined as Available Fee that is paid contingently during an annual performance period. Provisional Fee may become earned fee upon the final fee determination.
(4) Incremental Fee is defined as Available Fee that the Contractor may earn by achieving a specific, fee-bearing, performance measure event.
(5) Individual performance measures may require the Contractor to exceed approved baseline performance to earn 100% of the fee allocated to that performance measure.
(c) The Contracting Officer will prepare and issue performance measures prior to the start of each fiscal year. The Contracting Officer may provide draft performance measures for Contractor review and input; however, the Contracting Officer reserves the unilateral discretion to issue the performance measures without Contractor review.
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