PART 16 -- TYPES OF CONTRACTS
SUBPART 16.5 -- INDEFINITE-DELIVERY CONTRACTS
16.504 Indefinite-quantity contracts.
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. (DEVIATION 2012-O0016)
16.703 Basic Ordering Agreements
(c)(1)(ii)(D) Limitation on single award contracts.
(1) The authority to make the determination authorized in FAR 16.504(c)(1)(ii)(D)(1)(i),(ii), (iii) and (iv) is the DISA Senior Procurement Executive. This authority may not be further delegated (DFARS 216.504(c)(1)(ii)(D)(i)). See a sample D&F supporting the award of a single-award task or delivery order contract estimated to exceed $103 million at https://www.ditco.disa.mil/DitcoContractingTemplates/doku.php?id=d_f_for_single_award_task
_or_delivery_order_contract_exceeding_103m. See DARS Section 7.103 for guidance for coordinating a consolidated staffing package for SPE approval that includes the Acquisition Plan and D&F. A copy of each determination made in accordance with FAR 16.504(c)(1)(ii)(D) shall be submitted to the PL21 Policy Branch for distribution to the Director, Defense Procurement
and Acquisition Policy, ATTN: OUSD(AT&L)DPAP/CPIC, 3060 Defense Pentagon, Washington, DC 20301-3060.
(S-90) Funding for the minimum guarantee shall be obligated at time of award of the contract(s) (DARS Subpart 7.105(b)(5)).
(b)(2)(ii)(B) Orders exceeding the simplified acquisition threshold. As a minimum, each justification shall include the following information and be approved in accordance with paragraph (b)(2)(ii)(C) of this section:
(b)(4)(i) Postaward Notices and Debriefing of Awardees for Orders Exceeding $5 million. The Initial Letter to Unsuccessful Offerors - FAR Part 16 (Attachment 19) 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 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).
(ii) The Debriefing Letter to Unsuccessful Offerors Template - FAR Part 16 (Attachment 20) shall be used when providing postaward debriefing to unsuccessful awardees. (See https://www.ditco.disa.mil/DitcoContractingTemplates/lib/exe/fetch.php?media=atch_20_-
_debriefing_letter_to_unsuccessful_offerors_template-far_part_16-v1_19_mar_12-.docx).
(b)(6) The Agency Competition Advocate is the HCA. The PLD Special Assistant 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.
(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.
(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.
(d) Limitations.
Class Deviation 2012-O0016, Approval Threshold for Time-and-Materials and Labor-Hour Contracts and Preference for Cost-Plus-Fixed-Fee Term Contracts, dated October 11, 2012 is in effect until incorporated into the FAR or DFARS or otherwise rescinded. The deviation can be found at http://www.acq.osd.mil/dpap/dars/class_deviations.html.
(1)(A)(1) If the base period plus any option period is three years or less:
(i) For contracts, orders, and time-and-material (T&M)/labor-hour (LH) CLIN(s) portion that exceeds $1 million, the determination and findings shall be approved by the HCO. This authority may not be delegated.
(ii) For contracts, orders, and time-and-material (T&M)/labor-hour (LH) CLIN(s) portion that is less than or equal to $1 million, the determination and findings shall be approved by the COCO.
(1)(A)(2) Head of Contracting Activity (HCA) approval is required when the base period plus any option period exceeds three years. This approval authority may not be delegated.
(1)(B)(3) The determination and findings shall address why cost-plus-fixed-fee term contract, order, or CLIN(s) is not appropriate.
(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.