Time-and-Materials (T&M)

A time-and-materials (T&M) contract pays fixed hourly labor rates — wages, overhead, G&A, and profit built in — plus materials at actual cost. FAR 16.601 permits it only when the extent or duration of the work cannot be estimated accurately at award.

Each labor category carries its own fully loaded hourly rate, and the contractor bills for hours delivered; materials are reimbursed at cost. Because profit rides on every hour, the type gives the contractor no incentive for labor efficiency, and FAR 16.601(c)(1) requires appropriate government surveillance of performance for that reason.

Two guardrails attach. The contracting officer must execute a determination and findings that no other contract type is suitable, and the contract must state a ceiling price the contractor exceeds at its own risk (FAR 16.601(d)). For commercial services, FAR 12.207(b) adds competitive-procedures requirements and a D&F that also addresses how future buys will move toward fixed price.

The recurring failure is treating the ceiling as a budget. Contractors manage to the ceiling, and an order that burns through it mid-period leaves the program choosing between new funding and losing coverage.

Regulatory Reference

FAR 16.601; FAR 12.207(b)

RFO Status

The Part 16 model deviation retains T&M coverage in subpart 16.6, and section 16.104 (Executive Order 14402) pulls T&M and labor-hour awards into the written-justification and approval regime for other-than-fixed-price contracts.

Category

Contract Types & Vehicles

How AcqBot Helps

AcqBot drafts the T&M determination and findings, checks the labor-category rate table and ceiling math, and flags orders approaching their ceiling or ordering period before they surprise the program office.