16.506
Solicitation provisions and contract clauses
FAR 16.506 mandates the inclusion of specific clauses and provisions in solicitations and contracts for indefinite-delivery contract types, ensuring compliance and clarity for all parties.
Overview
FAR 16.506 details the required solicitation provisions and contract clauses for definite-quantity, requirements, and indefinite-quantity contracts. It specifies which FAR clauses must be included in solicitations and contracts based on the contract type and certain conditions, such as contract value, contract duration, and whether the contract is set aside for small businesses or involves multiple awards. The section also addresses special requirements for advisory and assistance services, market research, and contracts involving multiple agencies.
Key Rules
- Clause Inclusion by Contract Type
- Specific FAR clauses (e.g., 52.216-18, 52.216-19, 52.216-20, 52.216-21, 52.216-22) must be inserted depending on whether the contract is definite-quantity, requirements, or indefinite-quantity.
- Alternates for Special Circumstances
- Use alternate versions of clauses for contracts involving nonpersonal services, subsistence, brand-name products, or partial small business set-asides.
- Multiple-Award Provisions
- Include provisions for single or multiple awards, and specify the estimated number of awards when required.
- Special Clauses for Advisory and Assistance Services
- Insert specific provisions for advisory and assistance services contracts exceeding 3 years and $15 million.
- Additional Clauses for Market Research and Small Business
- Reference other FAR sections for market research and small business solicitation requirements.
- Ombudsman Clause for Multiple-Award IDIQs
- Insert the ombudsman clause for multiple-award IDIQ contracts, with alternates for multi-agency use.
Responsibilities
- Contracting Officers: Must ensure the correct clauses and alternates are included in solicitations and contracts based on contract type, value, and other conditions.
- Contractors: Must review and comply with all applicable clauses and provisions included in their contracts.
- Agencies: Oversee compliance with clause inclusion and ensure proper use of alternates and special provisions.
Practical Implications
- This section ensures that all parties understand their rights and obligations under indefinite-delivery contracts.
- Failure to include required clauses can result in noncompliance and contract disputes.
- Contractors should carefully review solicitations for applicable clauses to understand order limitations, award structures, and dispute resolution processes.