36.207  Pricing fixed-price construction contracts.

(a)  Generally, firm-fixed-price contracts shall be used to acquire construction. They may be priced-

(1)  On a lump-sum basis (when a lump sum is paid for the total work or defined parts of the work),

(2)  On a unit-price basis (when a unit price is paid for a specified quantity of work units), or

(3)  Using a combination of the two methods.

(b)  Lump-sum pricing shall be used in preference to unit pricing except when-

(1)  Large quantities of work such as grading, paving, building outside utilities, or site preparation are involved;

(2)  Quantities of work, such as excavation, cannot be estimated with sufficient confidence to permit a lump-sum offer without a substantial contingency;

(3)  Estimated quantities of work required may change significantly during construction; or

(4)  Offerors would have to expend unusual effort to develop adequate estimates.

(c)  Fixed-price contracts with economic price adjustment may be used if such a provision is customary in contracts for the type of work being acquired, or when omission of an adjustment provision would preclude a significant number of firms from submitting offers or would result in offerors including unwarranted contingencies in proposed prices.