Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of October 02, 2022 | Updated by FindLaw Staff
(a) Cost-reimbursement agreements generally have one or more of the following characteristics:
(1) Risk is shared between IHS and the Self–Governance Tribe;
(2) Self–Governance Tribes are not required to perform beyond the amount of funds provided under the agreement;
(3) Self–Governance Tribes establish budgets based upon the actual costs of the project and are not allowed to include profit;
(4) Budgets are stated using broad categories, such as planning, design, construction project administration, and contingency;
(5) The agreement funding amount is stated as a “not to exceed” amount;
(6) Self–Governance Tribes provide notice to the IHS if they expect to exceed the amount of the agreement and require more funds;
(7) Excess funds remaining at the end of the project are considered savings; and
(8) Actual costs are subject to applicable OMB circulars and cost principles.
(b) Fixed Price agreements generally have one or more of the following characteristics:
(1) Self–Governance Tribes assume the risk for performance;
(2) Self–Governance Tribes are entitled to make a reasonable profit;
(3) Budgets may be stated as lump sums, unit cost pricing, or a combination thereof;
(4) For unit cost pricing, savings may occur if actual quantity is less than estimated; and,
(5) Excess funds remaining at the end of a lump sum fixed price project are considered profit, unless, at the option of the Self–Governance Tribe, such amounts are reclassified in whole or in part as savings.
Cite this article: FindLaw.com - Code of Federal Regulations Title 42. Public Health § 42.137.336 What is the difference between fixed-price and cost-reimbursement agreements? - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-42-public-health/cfr-sect-42-137-336/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)