16.506
Solicitation provisions and contract clauses
FAR 16.506 mandates the inclusion of specific clauses and provisions in solicitations and contracts for definite-quantity, requirements, and indefinite-quantity contracts to ensure proper contract administration and compliance.
Overview
FAR 16.506 prescribes the specific solicitation provisions and contract clauses that must be included in solicitations and contracts for definite-quantity, requirements, and indefinite-quantity contracts. It details which FAR clauses to use based on contract type, value, and specific circumstances such as small business set-asides, multiple awards, advisory and assistance services, and contracts involving subsistence for government use and resale. The section also references additional clauses for market research and small business participation when certain thresholds are met. Contracting officers must ensure the correct clauses and alternates are included to ensure compliance and proper contract administration.
Key Rules
- Clause 52.216-18, Ordering
- Required for definite-quantity, requirements, or indefinite-quantity contracts.
- Clause 52.216-19, Order Limitations
- Required for the same contract types as above.
- Clause 52.216-20, Definite Quantity
- Required for definite-quantity contracts.
- Clause 52.216-21, Requirements
- Required for requirements contracts, with specific alternates for nonpersonal services, subsistence, and small business set-asides.
- Clause 52.216-22, Indefinite Quantity
- Required for indefinite-quantity contracts.
- Provision 52.216-27, Single or Multiple Awards
- Required for indefinite-quantity contracts that may result in multiple awards, with exceptions for certain advisory and assistance services.
- Provision 52.216-28, Multiple Awards for Advisory and Assistance Services
- Required for task-order contracts for advisory and assistance services exceeding 3 years and $20 million, unless exempted.
- Other Clauses
- References to clauses for market research (over $7.5 million, non-commercial), small business participation (above substantial bundling threshold), and ombudsman requirements for multiple-award IDIQ contracts.
Responsibilities
- Contracting Officers: Must insert the correct clauses and alternates in solicitations and contracts based on contract type, value, and specific circumstances; ensure compliance with referenced thresholds and exceptions.
- Contractors: Must review and comply with the clauses included in their contracts, as these govern ordering, limitations, requirements, and dispute resolution.
- Agencies: Must oversee proper clause usage and ensure compliance with FAR requirements for contract type and value.
Practical Implications
- Ensures contracts are structured with the appropriate legal framework for ordering and performance.
- Reduces risk of disputes by clarifying order limitations, requirements, and award structures.
- Failure to include the correct clauses can result in noncompliance, contract disputes, or procurement delays.