AWARD FEE FOR END ITEM CONTRACTS (1852.216-77) (JUNE 2000)

\(a\) The contractor can earn award fee, or base fee, if any, from a
minimum of zero dollars to the maximum stated in NASA FAR Supplement
clause 1852.216‑85, "Estimated Cost and Award Fee" in this contract. All
award fee evaluations, with the exception of the last evaluation, will
be interim evaluations. At the last evaluation, which is final, the
Contractor\'s performance for the entire contract will be evaluated to
determine total earned award fee. No award fee or base fee will be paid
to the Contractor if the final award fee evaluation is
"poor/unsatisfactory."

\(b\) Beginning 6 months after the effective date of this contract, the
Government will evaluate the Contractor\'s interim performance every 6
months to monitor Contractor performance prior to contract completion
and to provide feedback to the Contractor. The evaluation will be
performed in accordance with \[??identify performance evaluation
plan??\] to this contract. The Contractor may submit a self‑evaluation
of performance for each period under consideration. These
self‑evaluations will be considered by the Government in its evaluation.
The Government will advise the Contractor in writing of the evaluation
results. The plan may be revised unilaterally by the Government prior to
the beginning of any rating period to redirect emphasis.

\(c\) (1) Base fee, if applicable, will be paid in monthly installments
based on the percent of completion of the work as determined by the
Contracting Officer.

\(2\) Interim award fee payments will be made to the Contractor based on
each interim evaluation. The amount of the interim award fee payment is
limited to the lesser of the interim evaluation score or 80 percent of
the fee allocated to that period [less]{.underline} any provisional
payments made during the period. All interim award fee payments will be
superseded by the final award fee determination.

\(3\) Provisional award fee payments will \[??insert "not" if
applicable??\] be made under this contract pending each interim
evaluation. If applicable, provisional award fee payments will be made
to the Contractor on a \[??insert the frequency of provisional payments
(not more often than monthly)??\] basis. The amount of award fee which
will be provisionally paid in each evaluation period is limited to
\[??Insert a percent not to exceed 80 percent??\] of the prior interim
evaluation score (see\[??insert applicable cite??\]). Provisional award
fee payments made each evaluation period will be superseded by the
interim award fee evaluation for that period. If provisional payments
made exceed the interim evaluation score, the Contractor will either
credit the next payment voucher for the amount of such overpayment or
refund the difference to the Government, as directed by the Contracting
Officer. If the Government determines that (i) the total amount of
provisional fee payments will apparently [substantially]{.underline}
exceed the anticipated final evaluation score, or (ii) the prior interim
evaluation is "poor/unsatisfactory", the Contracting Officer will direct
the suspension or reduction of the future payments and/or request a
prompt refund of excess payments as appropriate. Written notification of
the determination will be provided to the Contractor with a copy to the
Deputy Chief Financial Officer (Finance).

\(4\) All interim (and provisional, if applicable) fee payments will be
superseded by the fee determination made in the final award fee
evaluation. The Government will then pay the Contractor, or the
Contractor will refund to the Government the difference between the
final award fee determination and the cumulative provisional fee
payments. If the final award fee evaluation is "poor/unsatisfactory",
any base fee paid will be refunded to the Government.

\(5\) Payment of base fee, if applicable, will be made based on
submission of an invoice by the Contractor. Payment of award fee will be
made by the Cost and Commercial Accounts Department, Code 155, based on
issuance of a unilateral modification by the Contracting Officer.

\(d\) Award fee determinations are unilateral decisions made solely at
the discretion of the Government.

(End of clause)