AFARS PART 5116

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AFARS -- Part 5116

Types of Contracts

Subpart 5116.2 -- Fixed-Price Contracts

5116.203 -- Fixed-price contracts with economic price adjustment.

5116.203-4 -- Contract clauses.

(d) (2) See 5101.304(a)(4).

Subpart 5116.4 -- Incentive Contracts.

(S-90) Section 814 of the 2007 National Defense Authorization Act requires the collection of relevant data on award and incentive fees paid to contractors. Data shall be collected for contracts containing award or performance incentive provisions that :

(S-91) The semi-annual periods for collecting data are the six month periods ending June 30 and December 31 of each year.

(S-92) For contracts meeting the criteria in S-90(1) and (2) above, the data must be formally reviewed and documented at one level above the fee determining official to ensure that the award and performance incentive fees are commensurate with the contractor’s performance under the contract. In addition to the independent review one level above the Fee Determining Official (FDO), the respective Head of the Contracting Activity will formally review the submissions for their organization. This review will entail a determination that the semi-annual award and incentive fee submissions are commensurate with the contractor’s performance under the contract.

[AFARS Revision #25, Item XII, dated April 1, 2010]

5116.405 -- Cost-reimbursement incentive contracts.

5116.405-2 -- Cost-plus-award-fee contracts.

(b) Application.

Subpart 5116.5 – Indefinite-Delivery Contracts

5116.505 Ordering.

(b)(6) Each HCA shall designate a task and delivery order ombudsman for the contracting activity. The ombudsman shall be a senior official, who is independent of the contracting officer and may be the Special Competition Advocate. The ombudsman shall be responsible for reviewing complaints from the contractors under multiple award task or delivery order contracts and ensuring that all the contractors are afforded a fair opportunity to be considered, consistent with the procedures in the contract.

[AFARS Revision #25, Item XIII, dated April 1, 2010]

5116.505-90 -- Multiple Award Task Order Contracts.

(a) Requiring documentation and using procedures beyond those required by FAR Part 16.5 adds little or no value to the selection/placement of task orders under Multiple Award Task Order (MATO) contracts. Contracting Officers are admonished to keep submission requirements to a minimum and use streamlined procedures, including oral presentations. [AFARS Revision #11, dated May 4, 2004]

(b) Ordering decisions must be appropriately documented. Critical decisions, such the exception to the fair opportunity process described at FAR 16.505 (b)(2) or the selection of a higher priced proposal because of its greater technical merit, must be documented in sufficient detail to justify the decision.

(c) With the exception of architect-engineer contracts, price shall be considered in the ordering process. While awards should be made on the basis of best value, award decisions shall take price into consideration.

(d) Past performance information, including quality, timeliness, and cost control on earlier orders placed under the same MATO contract, should be considered in the ordering process. Past performance information should already be readily available in program and technical offices. Requests for contractor submission of past performance information with proposal submission under MATO contracts shall be eliminated.

[AFARS Revision #21, dated May 22, 2007]

Subpart 5116.6 -- Time-and-Materials, Labor-Hour, and Letter Contracts

5116.601-90 -- Payments.

The contracting officer must document the contract file with a justification when the five percent withholding of payments required by FAR 52.232-7(a)(2) is reduced or waived.

5116.603 -- Letter contracts.

5116.603-2 -- Application.

(c)(3) PARCs may authorize an additional period subject to the limitations in DFARS 217.7404-3.

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