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SUBPART 216.5--INDEFINITE-DELIVERY CONTRACTS

(Revised December 21, 2018)

 

 



 216.501-2-70 General.
 216.504 Indefinite-quantity contracts.
 216.505 Ordering.
 216.505-70 Orders under multiple award contracts.
 216.506 Solicitation provisions and contract clauses.


216.501-2-70  General.

 

     (a)(i)  For items with a shelf-life of less than six months, consider the use of indefinite-delivery type contracts with orders to be placed either—

 

                    (A)  Directly by the users; or

 

                    (B)  By central purchasing offices with deliveries direct to users.

 

              (ii)  Whenever an indefinite-delivery contract is issued, the issuing office must furnish all ordering offices sufficient information for the ordering office to complete its contract reporting responsibilities under 204.670-2.  This data must be furnished to the ordering activity in sufficient time for the activity to prepare its report for the action within three working days of the order.

 

     (b)  See 217.204(e)(i) for limitations on the period for task order or delivery order contracts awarded by DoD pursuant to 10 U.S.C. 2304a.

 

216.504  Indefinite-quantity contracts.

 

      (c)  Multiple award preference—

 

              (1)  Planning the acquisition.

 

                    (ii)(D)  A copy of each determination made in accordance with FAR 16.504(c)(1)(ii)(D) shall be submitted to the Director, Defense Pricing and Contracting, via the OUSD(A&S)DPC/CP email address at osd.pentagon.ousd-atl.mbx.cpic@mail.mil.

 

                            (1)  The authority to make the determination authorized in FAR 16.504(c)(1)(ii)(D)(1) shall not be delegated below the level of the senior procurement executive.

 

                                  (i)  In accordance with section 816 of the National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232), when making the determination at FAR 16.504(c)(1)(ii)(D)(1)(i), the agency head shall determine that the task or delivery orders expected under the contract are so integrally related that only a single source can “efficiently perform the work,” instead of “reasonably perform the work” as required by the FAR.

 

216.505  Ordering.

 

              (1)  Departments and agencies shall comply with the review, approval, and reporting requirements established in accordance with subpart 217.7 when placing orders under non-DoD contracts in amounts exceeding the simplified acquisition threshold.

 

              (2)  Orders placed under indefinite-delivery contracts may be issued on DD Form 1155, Order for Supplies or Services.

 

     (b)(2)  Exceptions to the fair opportunity process. For an order exceeding the simplified acquisition threshold, that is a follow-on to an order previously issued for the same supply or service based on a justification for an exception to fair opportunity citing the authority at FAR 16.505(b)(2)(i)(B) or (C), follow the procedures at PGI 216.505(b)(2) (DFARS/PGI view).

 

216.505-70  Orders under multiple award contracts.

If only one offer is received in response to an order exceeding the simplified acquisition threshold that is placed on a competitive basis, the contracting officer shall follow the procedures at 215.371.

 

216.506  Solicitation provisions and contract clauses.

 

     (a)  Insert the clause at 252.216-7006, Ordering, in lieu of the clause at FAR 52.216- 18, Ordering, in solicitations and contracts when a definite-quantity contract, a requirements contract, or an indefinite-quantity contract is contemplated.

 

     (S-70)  Use the provisions at 252.215-7007, Notice of Intent to Resolicit, and 252.215-7008, Only One Offer, as prescribed at 215.371-6 and 215.408(3), respectively.


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