Section B.3 - Performance and Other Incentive Fees
Last Revised: 02/20/2025 | Per Mod #0299
(a) RESERVED
(b) In implementation of the Section I Clause entitled “DEAR 970.5215-1 - Total Available Fee: Base Fee Amount and Performance Fee Amount”, the Parties have agreed that the maximum available performance fees that may be earned by the Contractor in accordance with the provisions of Section J, Appendix B entitled “Performance Evaluation and Measurement Plan”, for the performance of the work under this contract commencing January 5, 2015 are as follows:
Base Contract Period:
| Performance Period | Performance Fee |
|---|---|
| 01/05/15 - 09/30/15 | $5,175,000.00 |
| 10/01/15 - 09/30/16 | $6,900,000.00 |
| 10/01/16 - 09/30/17 | $6,900,000.00 |
| 10/01/17 - 09/30/18 | $6,900,000.00 |
| 10/01/18 - 09/30/19 | $6,900,000.00 |
| 10/01/19 - 01/04/20 | $1,725,000.00 |
Base fee under this contract is $0. All fee dollars shall be in performance fee and at risk.
Award Term Earned:
| Performance Period | Performance Fee |
|---|---|
| 01/05/20 - 09/30/20 | $5,175,000.00 |
| 10/01/20 - 09/30/21 | $6,900,000.00 |
| 10/01/21 - 09/30/22 | $6,900,000.00 |
| 10/01/22 - 09/30/23 | $6,900,000.00 |
| 10/01/23 - 09/30/24 | $6,900,000.00 |
| 10/01/24 - 01/04/25 | $1,725,000.00 |
Base fee under this contract is $0. All fee dollars shall be in performance fee and at risk.
The purpose of this modification is to amend and update the contract as follows:
• Paragraph (c) of Clause B.3, Performance and Other Incentive Fees is revised as follows:
(c) If DOE determines that the Contract has earned Award Term extensions in accordance with the provision of Section F Clause, “Award Term Incentive” and the DEAR, the maximum available performance fee that may be earned by the Contract shall be:
| Performance Period | Performance Fee |
|---|---|
| 01/05/25 - 09/30/25 | $5,625,000.00 |
| 10/01/25 - 09/30/26 | $7,500,000.00 |
| 10/01/26 - 09/30/27 | $7,500,000.00 |
| 10/01/27 - 09/30/28 | $7,500,000.00 |
| 10/01/28 - 09/30/29 | $7,500,000.00 |
| 10/01/29 - 01/04/30 | $1,875,000.00 |
(d) The maximum available annual performance fee that may be earned by the Contractor for any additional extensions of the period of performance beyond the ten (10) years listed in the tables above shall be subject to negotiation between the Parties consistent with the Department of Energy Acquisition Regulation (DEAR) in effect at the time the fee is negotiated.
(e) At the end of each fiscal year, there shall be no adjustment in the amount of the maximum available performance fee based on differences between any estimate of cost for performance of the work and the actual cost for performance of the work. Fee is subject to adjustment only -
1) Under the provisions of Section I Clause entitled “DEAR 970.5243-1 - Changes”, or other contract provisions; or
2) For a +/- 10 percent change in the estimated fee base of $7,500,000.00.
(f) Any adjustment in the amount of the fee under the provisions of paragraph (e) for the fees specified in paragraph (b) and (c) above, or negotiation of fee under paragraph (d) above, will be in accordance with the fee policy then in effect, utilizing the adjusted fee base and maintaining the same fee ratio proposed (i.e. proposed vs. maximum) by the Contractor during the contract competition and reflected in the current contract.
