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DARS PART 16 -- TYPES OF CONTRACTS



PART 16 -- TYPES OF CONTRACTS

TABLE OF CONTENTS

SUBPART 16.5 -- INDEFINITE-DELIVERY CONTRACTS

16.504 Indefinite-quantity contracts.

16.505 Ordering.

16.506 Solicitation provisions and contract clauses

SUBPART 16.6 — TIME-AND-MATERIALS, LABOR-HOUR, AND LETTER CONTRACTS

16.601 Time-and-materials contracts.

216.601 Time-and-materials contracts.

SUBPART 16.7 — AGREEMENTS

16.703 Basic Ordering Agreements

PART 16 -- TYPES OF CONTRACTS

SUBPART 16.5 -- INDEFINITE-DELIVERY CONTRACTS

16.504 Indefinite-quantity contracts.

(c)(1)(ii)(D) Limitation on single-award contracts.

The Contracting Officer shall submit each determination made in accordance with FAR 16.504(c)(1)(ii)(D) to PL21 (disa.meade.PLD.mbx.pl21-policy-branch@mail.mil), who will forward to the Director, Defense Procurement and Acquisition Policy, via the OUSD(AT&L)DPAP/CPIC email address at osd.pentagon.ousd-atl.mbx.cpic@mail.mil. See DARS 7.103(S-92) for information when routing the D&F with the AP.

(S-90) Funding for the minimum guarantee shall be obligated at time of award of the contract(s) (DARS Subpart 7.105(b)(5)(ii)).

(S-91) RFP Validation. A decision point is required for the release of a development RFP. The Contracting Officer shall provide a copy of the RFP to the Program Manager concurrently with Legal and Policy Compliance reviews. The Program Manager is required to get the RFP validated by the appropriate Decision Authority. Any questions pertaining to this validation requirement shall be sent to the Acquisition Support Center Mailbox, disa.meade.cae.list.acqusition-support-center-group@mail.mil. The Decision Authority has five (5) business days to complete their review. If the five (5) business days expire, from the date the Contracting Officer provided it to the Program Manager, the Contracting Officer can proceed without the Decision Authority’s validation.

16.505 Ordering.

(b)(6) Postaward Notices and Debriefing of Awardees for Orders Exceeding $5.5 million. The Initial Letter to Unsuccessful Offerors and Debriefing Letter to Unsuccessful Offerors - FAR Part 16 (Attachment 19 and 20) at the DISA Contracting Templates website shall be used to notify unsuccessful awardees when the total price of a task or delivery order exceeds $5.5 million. (See https://www.ditco.disa.mil/DitcoContractingTemplates/lib/exe/fetch.php?media=atch_19_-

_initial_ltr_to_unsuccessful_offerors_-_far_part_16-v1_19_mar_12.docx).

(b)(8) The PSD Technical Director is designated as the Agency Ombudsman for task and delivery orders issued against multiple award contracts.

(S-90) A J&A template for FAR/DFARS Parts 16 acquisitions can be found at https://www.ditco.disa.mil/DitcoContractingTemplates/doku.php?id=j_a_templates.

(S-91) See DARS 6.303-90(a) & (b) for J&A format. See DARS 6.303-90(c) and (d) and

6.304(S-90) for amended justification requirements.

16.506 Solicitation provisions and contract clauses

(S-90) Insert the clause at 52.216-9000, Ordering Procedures for External Agencies, in solicitations and contracts when a definite-quantity contract, a requirements contract, or an indefinite-quantity contract is contemplated and external agencies will be permitted to place orders directly against the contract.

SUBPART 16.6 — TIME-AND-MATERIALS, LABOR-HOUR, AND LETTER CONTRACTS

16.601 Time-and-materials contracts.

(b) A T&M contract is the least preferred method and is to be chosen only after all other contract types have been examined and found to be inadequate for the procurement.

216.601 Time-and-materials contracts.

(d) Limitations.

(i)(A)(1)(ii) For contracts (including indefinite-delivery contracts)and orders in which the portion of the requirement performed on a time-and-material (T&M) or labor-hour (LH) basis is less than or equal to $1 million, the determination and findings shall be approved by the COCO.

SUBPART 16.7 — AGREEMENTS

16.703 Basic Ordering Agreements

(S-90) Clause

Insert the clause at 52.216-9000, Ordering Procedures for External Agencies in solicitations and agreements when a Basic Ordering Agreement (BOA) is contemplated and external agencies will be permitted to place orders directly against the BOA.

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