SOFARS PART 5616 - TYPES OF CONTRACTS
(Revised February 2007)
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
(Revised August 2008)
5616.503 Requirements Contracts.
5616.505 Ordering.
5616.506 Solicitation Provisions and Contract Clauses.
SUBPART 5616.6 - TIME AND MATERIALS, LABOR-HOUR, AND LETTER CONTRACTS
(Revised April 2008)
5616.601 Time and Material 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.
(Revised November 2007)
(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 52.216-8, "Fixed Fee," or FAR 52.216-10, "Incentive Fee."
(l) Contracting officers shall insert a clause substantially the same as 5652.216-9005, Government Down Time for Various Reasons, including the President and the Secretary of Defense, in solicitations and contracts when award of a cost type contract is anticipated.
SUBPART 5616.4 – INCENTIVE CONTRACTS
5616.406 Contract Clauses.
(Revised November 2007)
(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 52.216-8, "Fixed Fee," or FAR 52.216-10, "Incentive Fee."
SUBPART 5616.5 - INDEFINITE DELIVERY CONTRACTS
(Added August 2008)
5616.503 Requirements Contracts.
A written Determination and Findings (D&F) approved by the Head of the Contracting Activity (HCA) is required prior to awarding any requirements contracts for HQ, USSOCOM, its components, or subordinate units. The D&F must address the significant benefits derived by the Government of awarding a requirements contract vice an indefinite quantity contract. The D&F must also address the enhanced competition for task and delivery order contract requirements provided in Section 843 of the National Defense Authorization Act for Fiscal Year 2008, as enacted by Public Law 110-181 (reference 23 May 2008 DPAP Memorandum)
5616.505 Ordering.
(Revised February 2007)
(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.
5616.506 Solicitation Provisions and Contract Clauses.
(Revised February 2007)
(a) Contracting officers may insert a clause substantially the same as 5652.216-9001, Oral Orders – Indefinite Delivery Contracts, in contracts that will permit oral orders to be placed.
(b) Contracting officers may insert a clause substantially the same as 5652.216-9003, Procedures for Issuing Task/Delivery Orders under Multiple Award, Indefinite Delivery-Indefinite Quantity Contracts, in multiple award, IDIQ contracts.
(1) The Contract Ombudsman is the SOAL Deputy for Center Operations; Ms. Leah Treppel, contact number is (813) 826-9404.
(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 Time and Material Contracts.
(Added April 2008)
(d) In accordance with FAR 16.601(d), a formal Determination and Finding (D&F), signed by the CO, is required prior to all Time and Material contract awards and exercise of options. HCA approval is required prior to awarding the base period if the contract will exceed three (3) years in combined base and option periods.
5616.601-90 Contract Clauses.
(Revised November 2007)
Contracting officers shall insert a clause substantially the same as 5652.216-9005, Government Down Time for Various Reasons, including the President and the Secretary of Defense, 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
Special Operations Acquisition and Logistics Center (SOAL-K)
SOFARS 5616
February 2007