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SOFARS PART 5616CONTRACT TYPES



SOFARS PART 5616
TYPES OF CONTRACTS
SUBPART 5616.3 - COST-REIMBURSEMENT CONTRACTS
5616.307
Contract Clauses.
SUBPART 5616.4 INCENTIVE CONTRACTS
5616.406
Contract Clauses.
SUBPART 5616.5 - INDEFINITE DELIVERY CONTRACTS
5616.505 Ordering.
5616.505-90 Use of Non-DOD Contracts and Agencies.
5616.506
Solicitation Provisions and Contract Clauses.

SUBPART 5616.6 - TIME AND MATERIALS, LABOR-HOUR, AND LETTER CONTRACTS
5616.601-90
Contract Clauses.
5616.603 Letter Contracts.
5616.603-3 Limitations.

SOFARS PART 5616
CONTRACT TYPES

 
 

SUBPART 5616.3 - COST-REIMBURSEMENT CONTRACTS

5616.307 Contract Clauses.

(j) Contracting officers shall insert a clause substantially the same as 5652.216-9000, Cost and Fixed Fee Information, in all cost plus fixed-fee type solicitations and contracts.
(k) Contracting officers may insert 5652.216-9002, Withholding of Fixed Fee or Incentive Fee, in cost-plus fixed fee or cost-plus incentive fee contracts where a reduced withholding percentage is negotiated in accordance with FAR 52.216-6, "Fixed Fee," or FAR 52.216-10, "Incentive Fee."
(l) Contracting officers shall insert a clause substantially the same as 5616.216-9005, Government Down Time for Various Authorities Including the President, Secretary of Defense, and the Commander in Chief, in solicitations and contracts when award of a cost type contract is anticipated.

 

SUBPART 5616.4 – INCENTIVE CONTRACTS

5616.406 Contract Clauses.

(f) Contracting officers may insert 5652.216-9002, Withholding of Fixed Fee or Incentive Fee, in cost-plus fixed fee or cost-plus incentive fee contracts where a reduced withholding percentage is negotiated in accordance with FAR 52.216-6, "Fixed Fee," or FAR 52.216-10, "Incentive Fee."

 

SUBPART 5616.5 - INDEFINITE DELIVERY CONTRACTS

5616.505 Ordering.
(a)(2)
Contracting and ordering officers shall document the delivery/task order file with the specific paragraph from the Statement of Work (SOW) that applies to the requirement.
(5)
When issuing an order under an IDIQ contract, a separate file or a separate section within the contract file, shall be established and contain all supporting documents of the order in a centralized location.  Contracting officers will ensure that all data relevant to the delivery order is contained in the file.


5616.505-90 Use of Non-DoD Contracts and Agencies. 


5616.505-90 Determination and Certification for use of Non-DoD contracts.
 (a) In accordance with Section 2330(b)(1)(C)(ii), Title 10, United States Code as amended by Section 801 of the National Defense Authorization Act for Fiscal Year 2002, and by direction of the Under Secretary of Defense (Acquisition, Technology, and Logistics), a determination for use of a Non-DoD contract or agency must be prepared prior to placing any order greater than the simplified acquisition threshold against a Non-DoD contract. This determination must be coordinated between the requesting organization and the contracting office. Comptroller coordination is required to ensure that the funding appropriation is consistent with the supplies or services to be acquired. Both the using organization and contracting office must certify the determination document prior to placing an order against a non-DOD contract. A copy of the certified determination must be retained in the contract file.
(b) A certified determination must be must completed when transferring money to Non-DOD agency. The determination must be certified by the requesting activity and a contracting officer from the purchasing agency prior to legal review. A copy of the certified determination must accompany the inter-departmental purchase request.
(c) A template for the Determination for Use of a Non-DoD Contract can be found in the DCG. When the template is not used, Contracting Officers must ensure that the determination document addresses each of the following considerations:

(c) Upon award, the Contracting Officer must ensure that the action is properly reported to the Federal Procurement Data System – Next Generation (FPDS-NG) to facilitate proper reporting of metrics on the use of non-DoD contracts to the Director of Procurement and the Office of the Secretary of Defense. 
5616.506 Solicitation Provisions and Contract Clauses.

(c)       Contracting officers may insert a clause substantially the same as 5652.216-9004, Procedures for Issuing Task/Delivery Orders under Single Award, Indefinite Delivery-Indefinite Quantity Contracts, in single award, IDIQ contracts.

 

SUBPART 5616.6 - TIME AND MATERIALS, LABOR-HOUR, AND LETTER CONTRACTS


5616.601-90 Contract Clauses
Contracting officers shall insert a clause substantially the same as 5652.216-9005, Government Down Time for Various Authorities Including the President, Secretary of Defense, and the Commander in Chief, in solicitations and contracts when award of a time and materials or labor-hour type contract is anticipated.
5616.603 Letter Contracts.


5616.603-3 Limitations.
Refer to Attachment 5601-1 for approval levels applicable to D&F requirements for letter contracts. Refer to DFARS 217.74 for additional limitations of the use of letter contracts.

HQ, United States Special Operations Command Jan 2006
Special Operations Acquisition and Logistics Center (SOAL-K)
SOFARS 5616

 [r1]Insert name, title, and contact information for the Contract Ombudsman.

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