Scope of subpart
FAR 16.500 sets the framework for indefinite-delivery contracts, emphasizing a preference for multiple awards while clarifying exceptions and cross-references for GSA, architect-engineer, and small business contracts.
Overview
FAR 16.500 outlines the scope of Subpart 16.5, which governs the use of indefinite-delivery contracts, including policies and procedures for awarding such contracts. It establishes a preference for multiple awards of indefinite-quantity contracts, clarifies that the use of non-competitive procedures is still permitted under FAR Part 6, and notes that GSA's authority for schedule and multiple award contracts is not restricted by this subpart. The section also specifies that the multiple award preference does not apply to architect-engineer contracts under Subpart 36.6, though agencies may still use multiple awards if they follow the appropriate selection procedures. Additionally, it references Subpart 19.5 for small business set-aside procedures related to multiple-award contracts.
Key Rules
- Indefinite-Delivery Contract Policies
- Establishes procedures and a preference for multiple awards of indefinite-quantity contracts.
- Non-Competitive Procedures
- Does not restrict the use of authorized non-competitive procedures under FAR Part 6.
- GSA Authority
- GSA's authority for schedule and multiple award contracts is not limited by this subpart; GSA regulations and FAR Subpart 8.4/Part 38 take precedence.
- Architect-Engineer Contracts
- Multiple award preference does not apply to architect-engineer contracts under Subpart 36.6, but agencies may use multiple awards if compliant with selection procedures.
- Small Business Set-Asides
- References Subpart 19.5 for small business set-aside procedures in multiple-award contracts.
Responsibilities
- Contracting Officers: Must follow the policies for indefinite-delivery contracts, consider multiple awards, and ensure compliance with applicable procedures for architect-engineer and small business contracts.
- Contractors: Should understand the multiple award environment and small business opportunities.
- Agencies: Must ensure GSA regulations take precedence where applicable and follow proper set-aside procedures.
Practical Implications
- This section clarifies the framework for awarding indefinite-delivery contracts, emphasizing competition and small business participation. It helps prevent confusion about overlapping authorities (especially with GSA) and ensures proper procedures are followed for architect-engineer and small business contracts. Contractors should be aware of the multiple award preference and related opportunities or requirements.