48 CFR §215.404-4
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (b)Policy.
- (1)Contracting officers shall use a structured approach for developing a prenegotiation profit or fee objective on any negotiated contract action when certified cost or pricing data is obtained, except for cost-plus-award-fee contracts (see 215.404-74, 216.405-2, and FAR 16.405-2) or contracts with Federally Funded Research and Development Centers (FFRDCs) (see 215.404-75). There are three structured approaches—
- (c)Contracting officer responsibilities.
- (1)Also, do not perform a profit analysis when assessing cost realism in competitive acquisitions.
- (2)When using a structured approach, the contracting officer—
- (A)Shall use the weighted guidelines method (see 215.404-71), except as provided in paragraphs (c)(2)(B) and (c)(2)(C) of this subsection.
- (B)Shall use the modified weighted guidelines method (see 215.404-72) on contract actions with nonprofit organizations other than FFRDCs.
- (C)May use an alternate structured approach (see 215.404-73) when—
- (D)Shall use the weighted guidelines method to establish a basic profit rate under a formula-type pricing agreement, and may then use the basic rate on all actions under the agreement, provided that conditions affecting profit do not change.
- (E)Shall document the profit analysis in the contract file.
- (5)Although specific agreement on the applied weights or values for individual profit factors shall not be attempted, the contracting officer may encourage the contractor to—
- (6)The contracting officer must also verify that relevant variables have not materially changed (e.g., performance risk, interest rates, progress payment rates, distribution of facilities capital).
- (d)Profit-analysis factors—(1) Common factors. The common factors are embodied in the DoD structured approaches and need not be further considered by the contracting officer.