Overview
FAR 15.509 identifies the standard and optional forms authorized for formalizing negotiated contract awards and establishes mandatory award language requirements when these specific forms are not used.
Key Rules
- Authorized Forms: Agencies may use Optional Form (OF) 307 (Contract Award), Standard Form (SF) 26 (Award/Contract), or SF 33 (Solicitation, Offer and Award) for negotiated contracts requiring bilateral signatures.
- SF 26 Limitation: When utilizing the SF 26 for a negotiated procurement, Block 18 must be left blank or unused.
- Mandatory Language: If a contracting officer chooses not to use the forms listed above, the custom award document must incorporate the specific "agreement and award" language found in the OF 307.
- Bilateral Execution: These forms are specifically designated for scenarios where the signature of both the government and the contractor on a single document is appropriate.
Practical Implications
- Contracting officers must ensure that negotiated awards contain the correct legal "agreement" phrasing to ensure the contract is binding and reflects the final negotiated terms.
- The restriction on SF 26 Block 18 prevents confusion with sealed bidding procedures, where Block 18 is typically used to unilaterally accept an offer without further negotiation.