subpart
216.6--time-and-materials, labor-hour, and letter contracts
(Revised November 24, 2008)
216.601 Time-and-materials
contracts.
216.603 Letter contracts.
216.603-3 Limitations.
216.603-4 Contract clauses.
216.601 Time-and-materials
contracts.
(d) Limitations.
(i) The determination and findings shall contain
sufficient facts and rationale to justify that no other contract type is
suitable. At a minimum, the
determination and findings shall—
(A) Include a description of the market research
conducted;
(B) Establish that it is not possible at the time
of placing the contract or order to accurately estimate the extent or duration
of the work or to anticipate costs with any reasonable degree of certainty;
(C) Establish that the requirement has been
structured to minimize the use of time-and-materials requirements (e.g.,
limiting the value or length of the time-and-materials portion of the contract
or order; establishing fixed prices for portions of the requirement); and
(D) Describe the actions planned to minimize the
use of time-and-materials contracts on future acquisitions for the same requirements.
(ii) For indefinite-delivery contracts, the
contracting officer shall—
(A) Structure contracts that authorize
time-and-materials orders to also authorize orders on a cost-reimbursement,
incentive, or fixed-price basis, to the maximum extent practicable; and
(B) Execute the determination and findings for—
(1)
Each order placed on a time-and-materials basis if the
indefinite-delivery contract also authorizes orders on a cost-reimbursement,
incentive, or fixed-price basis; or
(2)
The basic contract if the indefinite-delivery contract only authorizes
time-and-materials orders. The
determination and findings shall—
(i)
Contain sufficient facts and rationale to justify why orders on a
cost-reimbursement, incentive, and fixed-price basis are not practicable; and
(ii)
Be approved one level above the contracting officer.
(e) Solicitation
provisions. Use the provision at FAR
52.216-29, Time-and-Materials/Labor-Hour Proposal Requirements – Non-Commercial
Item Acquisition with Adequate Price Competition, with 252.216-7002, Alternate
A, in solicitations contemplating the use of a time-and-materials or labor-hour
contract type for non-commercial items if the price is expected to be based on
adequate competition.
216.603 Letter contracts.
216.603-3 Limitations.
See Subpart 217.74 for additional limitations on the use of letter contracts.
216.603-4 Contract clauses.
(b)(2) See 217.7405(a) for additional guidance regarding use of the clause at FAR 52.216-24, Limitation of Government Liability.
(3) Use the clause at 252.217-7027, Contract Definitization, in accordance with its prescription at 217.7405(b), instead of the clause at FAR 52.216-25, Contract Definitization.