48 CFR Part 2416 — Types of Contracts

PART 2416—TYPES OF CONTRACTS Authority: 40 U.S.C. 121(c); 41 U.S.C. 253; 42 U.S.C. 3535(d). Source: 49 FR 7706, Mar. 1, 1984, unless otherwise noted. Subpart 2416.3—Cost-Reimbursement Contracts 2416.307 Contract clauses. (a) The contracting officer shall insert the clause at 2452.216-79, Estimated Cost (No Fee), in all cost-reimbursement (no fee) type solicitations and contracts. (b) The contracting officer shall insert the clause at 2452.216-80, Estimated Cost and Fixed-Fee, in all cost-plus-fixed fee type solicitations and contracts. [77 FR 73527, Dec. 10, 2012] Subpart 2416.4—Incentive Contracts 2416.406 Contract clauses. (e)(1) The Contracting Officer shall insert the clause at 2452.216-70, Estimated Cost, Base Fee and Award Fee, in all cost-plus-award-fee solicitations and contracts. (2) The Contracting Officer shall insert the clause at 2452.216-71, Award Fee, in all fixed-price-award-fee solicitations and contracts. (3) The Contracting Officer shall insert the clauses at 2452.216-72, Determination of Award Fee Earned, 2452.216-73, Performance Evaluation Plan, and 2452.216-74, Distribution of Award Fee, in all award-fee solicitations and contracts. The Contracting Officer may modify the clauses to meet individual situations, and any clause or specific requirement therein may be deleted when it is not applicable to a given contract. When including the clause at 2452.216-74, Distribution of Award Fee, in cost-plus-award-fee contracts, the Contracting Officer shall use the clause with its Alternate I. (4) When including the clauses at 2452.216-70, Estimated Cost, Base Fee and Award Fee, and 2452.216-71 Award Fee, in indefinite-delivery solicitations and contracts under which all supplies or services will be obtained by issuance of task or delivery orders, the Contracting Officer shall substitute the word “order” for the word “contract.” [71 FR 2436, Jan. 13, 2006] Subpart 2416.5—Indefinite-Delivery Contracts 2416.505 Ordering. (a) The contracting officer shall be the ordering official for all task orders except as provided for herein. The contracting officer may designate an ordering official when orders are to be placed on a firm fixed-price basis, the prices of the specific services or supplies to be provided under the order are set forth in the contract, and there is no negotiation of order terms. The contracting officer shall not designate ordering officials: (1) For contracts for services where prices are not tied to delivery of a completed service; (2) For any contracts where discounts need to be negotiated; or (3) In any other circumstances where adjustment of contract price or any other terms and conditions is necessary. (b)(6) The Departmental competition advocate also serves as the Departmental task and delivery order ombudsman in accordance with FAR 16.505(b)(6). In addition to the duties set forth at FAR 16.505(b)(6), the ombudsman shall recommend any corrective action regarding affording fair opportunity to contractors to compete for orders to the responsible contracting officer. [77 FR 73527, Dec. 10, 2012] 2416.506 Solicitation provisions and contract clauses. 2416.506-70 Solicitation provisions and contract clauses. (a) Unpriced task orders. (b) Minimum and maximum quantities or amounts for order. (c) Estimated quantities—requirements contract. (d) Ordering procedures. (e) Level of effort and fee payment. (f) Labor categories, requirements, and estimated level of effort. [71 FR 2436, Jan. 13, 2006, as amended at 77 FR 73527, Dec. 10, 2012; 84 FR 15129, Apr. 15, 2019] Subpart 2416.6—Time-And-Materials, Labor-Hour, and Letter Contracts 2416.603 Letter contracts. 2416.603-2 Application. (c) The HCA shall approve additional time periods for definitization of letter contracts authorized by the Contracting Officer pursuant to FAR 16.603-2(c). [64 FR 46096, Aug. 23, 1999]

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