16.105
Solicitation provision
Contracting officers must include the "Type of Contract" provision in most solicitations, except for fixed-price acquisitions under simplified procedures or solicitations for information/planning only.
Overview
FAR 16.105 requires contracting officers to include the solicitation provision at 52.216-1, "Type of Contract," in most solicitations. This provision informs offerors of the contract type that will be awarded. However, there are two exceptions: (a) when the acquisition is a fixed-price contract using simplified acquisition procedures, and (b) when the solicitation is issued solely for information or planning purposes. The rule ensures transparency and clarity for offerors regarding contract expectations and structure.
Key Rules
- Provision Inclusion Requirement
- Contracting officers must insert FAR 52.216-1 in solicitations to specify the contract type, except in certain cases.
- Exceptions to Requirement
- The provision is not required for fixed-price acquisitions under simplified acquisition procedures or for solicitations used only for information or planning.
Responsibilities
- Contracting Officers: Must determine if the solicitation requires the 52.216-1 provision and include it unless an exception applies.
- Contractors: Should review solicitations for the presence of this provision to understand the contract type being solicited.
- Agencies: Ensure contracting officers comply with provision inclusion requirements and exceptions.
Practical Implications
- This section exists to ensure offerors are aware of the contract type, reducing ambiguity and potential disputes.
- It impacts daily contracting by standardizing the communication of contract type in solicitations.
- Common pitfalls include failing to include the provision when required or incorrectly omitting it under the exceptions.