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section16.105

Solicitation provision

Overview

This section mandates the inclusion of FAR provision 52.216-1 in most federal solicitations to formally notify potential offerors of the specific contract type anticipated by the government.

Key Rules

  • Mandatory Insertion: The Contracting Officer (CO) must insert the provision at FAR 52.216-1, "Type of Contract," in solicitations.
  • Completion Requirement: The CO is responsible for filling in the specific type of contract (e.g., Firm-Fixed-Price, Cost-Plus-Fixed-Fee) within the provision.
  • Exemptions: The provision is not required for:
    • Fixed-price acquisitions conducted under Simplified Acquisition Procedures (SAP).
    • Solicitations issued solely for information or planning purposes (e.g., Requests for Information).

Practical Implications

  • Transparency: It ensures that contractors clearly understand the risk allocation and pricing structure (e.g., fixed-price vs. cost-reimbursement) before preparing their proposals.
  • Administrative Efficiency: By exempting simplified fixed-price buys and RFIs, the FAR reduces unnecessary paperwork for low-risk and non-binding solicitations.

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