15.509
Forms
Use the correct award form and required language for negotiated contracts, and never use block 18 on SF 26 for negotiated procurements.
Overview
FAR 15.509 outlines the appropriate forms to use when awarding negotiated contracts, specifying that Optional Form (OF) 307, Standard Form (SF) 26, or SF 33 may be used when both parties' signatures on a single document are suitable. It also provides a critical instruction for using SF 26 in negotiated procurements: block 18 must not be used. If none of these forms are used, the award document must still include the agreement and award language from OF 307. This ensures consistency and legal sufficiency in contract documentation for negotiated awards.
Key Rules
- Permitted Forms for Negotiated Awards
- OF 307, SF 26, or SF 33 may be used for awarding negotiated contracts when both parties sign a single document.
- Restriction on SF 26
- When using SF 26 for negotiated procurements, block 18 must not be used.
- Alternative Documentation Requirement
- If none of the specified forms are used, the award document must incorporate the agreement and award language from OF 307.
Responsibilities
- Contracting Officers: Must select the appropriate form, ensure block 18 is not used on SF 26 for negotiated procurements, and include required language if alternate documentation is used.
- Contractors: Must review and sign the appropriate award document as required.
- Agencies: Should ensure compliance with form usage and documentation standards for negotiated contract awards.
Practical Implications
- This section ensures standardized, legally sufficient documentation for negotiated contract awards.
- Failure to follow form requirements, especially regarding SF 26, can result in administrative errors or legal challenges.
- Contractors and contracting officers should be familiar with the correct forms and required language to avoid delays or compliance issues.