PART 5316 -
Types of Contracts
[ Revised May 25, 2018 ]
INTERIM CHANGE: See Policy Memo 18-C-09
SUBPART 5316.1 — SELECTING CONTRACT TYPES
5316.102 Policies INTERIM CHANGE: See Policy Memo 18-C-09
5316.103 Negotiating Contract Type
(d) See the tailorable Determination and Findings template.
SUBPART 5316.206 — FIXED-CEILING-PRICE CONTRACTS WITH RETROACTIVE PRICE REDETERMINATION
(d) Submit requests through the MAJCOM/DRU/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for HCA approval (See MP5301.601(a)(i)).
SUBPART 5316.4 — INCENTIVE CONTRACTS
(d) See MP5301.601(a)(i). When submitting any Determinations and Findings (D&F) for HCA approval that concerns an Award Fee contract or Contract Line Item Number (CLIN), include the Award Fee Plan as an attachment.
(e)(3)(i) See MP5301.601(a)(i). This designation may be made on an individual contract or class basis and may be made by name, position, or function, without limitation.
5316.404 Fixed-Price Contracts with Award Fees
See 5316.401(e)(3)(i) above.
5316.405-2 Cost-Plus-Award-Fee Contracts
(1) Award-fee pool. Submit requests through the MAJCOM/DRU/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for HCA approval (see MP5301.601(a)(i)).
SUBPART 5316.5 — INDEFINITE-DELIVERY CONTRACTS
5316.503 Requirements Contracts
(b)(2) Determinations for requirements contracts in an amount estimated to exceed $112M (including all options) must be approved in accordance with 5316.504(c)(1)(ii)(D).
5316.504 Indefinite-Quantity Contracts
(1) See MP5316.504 for the requirement to obligate funds when awarding indefinite-delivery indefinite-quantity (IDIQ) contracts.
(c)(1)(ii)(D) Limitation on single award contracts
(1)(i) The contracting officer must submit the D&F through the MAJCOM/DRU/AFRCO SCO (or for AFLCMC and SMC, the SCCO) simultaneously to SAF/AQ and SAF/AQC for processing to the SPE for approval. Reference 5301.707(a). When a J&A is required, the J&A package must be submitted with the D&F. D&Fs using the exception that only one source is qualified and capable of performing the work at a reasonable price to the Government should cite and attach the J&A as part of the staffing package.
(2) For the determination required under FAR 16.504(c)(1)(ii)(D)(1)(iv), the Contracting Officer must prepare the required Congressional Notification memo and include the memo in the D&F package for SPE signature, then forward the signed copy to SAF/LL for processing. Maintain proof of submission to SAF/LL in the contract file.
Minimum D&F contents:
(a) Clear identification of one of the exceptions listed at FAR 16.504(c)(1)(ii)(D)(1).
(b) Circumstances that justify the use of a task or delivery order contract. Include alternative acquisition strategies and contract types considered.
(c) Detailed discussion that precludes the award of a multiple-award, task or delivery order contract. At a minimum, include the impact on the program delivery or performance schedule, program costs, and mission impact if not allowed to make single award.
(b) Orders under multiple award contracts.
(2) See 5306.304 (a) for the approving officials for a proposed task or delivery order using the fair opportunity exceptions at FAR 16.505(b)(2). See the tailorable Justification for an Exception to Fair Opportunity template.
(8) Task-order and delivery-order ombudsman. See 5301.91.
5316.505-90 Decentralized Ordering
For contracts that authorize decentralized ordering (i.e., ordering by a contracting office at any other location), the contracting officer with overall responsibility for the contract must:
(a) Ensure that adequate control procedures are in place before any orders are authorized; and
(b) Exercise oversight of decentralized ordering throughout the period of performance under the contract to ensure that the procedures are followed.
SUBPART 5316.6 — TIME-AND-MATERIALS, LABOR-HOUR, AND LETTER CONTRACTS
(i)(A)(1)(i) Determinations and Findings (D&F) required pursuant to DFARS 216.601(d)(i)(A)(1)(i) must be approved by the MAJCOM/DRU/AFRCO SCO (or for AFLCMC and SMC, the SCCO).
(ii) Approval of the D&F required pursuant to DFARS 216.601(d)(i)(A)(1)(ii) may be redelegated, but to a level no lower than the COCO.
(2) Submit the D&F required pursuant to DFARS 216.601(d)(i)(A)(2) through the MAJCOM/DRU/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for approval. See MP5301.601(a)(i).
(3) See MP5301.601(a)(i).
(c)(3) See MP5301.601(a)(i).