Federal Contracts
There are several kinds of contracts that are commonly used at the federal level, including fixed-price and cost-reimbursement contracts. In order to understand them more clearly, and in order to compare them with other contracts, it is important to discuss them thoroughly. Fixed-price contracts are exactly what their name implies. They are set up based on a fixed and agreed-upon price, and that price cannot be changed (Barnett, 2003). There are both benefits and drawbacks from the perspective of the contractor when it comes to this type of contract. The most significant benefit is that the contractor knows how much he or she will be paid when the job is completed. The drawback, of course, is that there is the possibility that the job will cost much more than the contractor anticipated. With that being the case, the contractor may find that he or she is not getting paid what the job is really "worth." Even if that becomes the case, though, there is no recourse for the contractor because the price is already something upon which both parties to the contract will have agreed.
Naturally, that can be a serious issue for the contractor who may not think he or she bid the contract properly and is now "stuck" with a contract off of which very little money will be made. Of course, there is more to the issue than just the potential loss of money (Barnett, 2003). If the contractor is able to do the job for much less than was anticipated, he or she will make a hefty profit - and that can lead the other party to the contract into feeling as though there was some deception involved. No one likes to feel cheated, even if it was unintentional on the part of the other party. If one party feels cheated, there may not be any further contracts in the future. Naturally, that is a serious issue that must be faced because there are companies that work with the federal government quite frequently. It is suspected that they would like to continue doing so - but only if the relationship between the government and the contractor is one that both parties consider mutually beneficial (Stanberry, 2008).
Fixed-price contracts are basically easy to address when it comes to the actual price of them. In the beginning, the federal government advertises a job. The contractor (and often more than one contractor) places a bid for the job. The best bid - which is not always the lowest bid, there are other factors to consider - is chosen and the contract is created. When both parties agree to the price and terms, they must abide by them (McKendrick, 2005). If the contractor can do the job for less than anticipated, he or she will make a bigger profit. Conversely, though, even if it costs much more than expected the contractor must complete the contract. That means it could potentially cost the contractor money. No contractor would willingly agree to that, but there are unanticipated issues that can come up and become a problem for the contractor or for the government. In this case, the contract favors the government in that the work will be completed for the price stated, no matter what the actual cost of the total amount of work turns out to be (McKendrick, 2005). A contractor could really lose money.
Each contractor who enters into a contract with the federal government is responsible for making a good and fair estimate of the cost to complete that contract (Stanberry, 2008). Once a price has been agreed upon, there is no option to change it. Not all contractors like to work with fixed-price contracts for that specific reason. Some of them prefer other options, such as choosing a different style or type of contract. One of their other choices is a cost-reimbursement contract, where they get paid based on the true cost of the job as opposed to what they agreed upon in the beginning (Stanberry, 2008). The total price of the contract could fluctuate that way, depending on whether the contractor over-estimated or under-estimated the job, what problems he or she might run into, what changes were requested along the way, and other factors that might not be easily known or determined in the original negotiations.
With a cost-reimbursement contract, the contractor has the advantage and there is more of a risk to the federal government. In these kinds of contracts, the government usually has a maximum amount it has...
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