(Revised November 2007)

(j) Contracting officers shall insert a clause substantially the same as 5652.216-9000 , 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.

(Added October 2012)

The D&F for award-fee contracts shall be signed by the Director of Procurement. The D&F required by FAR 16.401(d) for all other incentive contracts may be signed by the HCD/FCO.

(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."

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).

(Removed June 2021)

(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.

(Revised June 2018)

(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 shall 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 Task and Delivery Order Ombudsman is the Special Operations Forces Acquisition, Technology, & Logistics (SOF AT&L) Military Deputy to the Acquisition Executive (MDAE), and can be contacted at OMBUDSMAN@socom.mil

(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.

(Revised June 2015)

(a) In addition to the guidance for Time and Material (T&M) contracts found at FAR 16.601(d) and DFARS 216.601(d) , a formal Determination and Findings (D&F) is required when a contract contains a T&M CLIN.