SUBPART 216.5--INDEFINITE-DELIVERY CONTRACTS
(Revised March 23, 2004)
216.501 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.
216.501-1 Definitions.
“Multiple award contract,” as used in this subpart, means--
(1) A multiple award task order contract entered into in accordance with FAR 16.504(c); or
(2) Any other indefinite-delivery, indefinite-quantity contract that an agency enters into with two or more sources under the same solicitation.
216.501-2 General.
(a) See 217.204(e) for limitations on the period for task order or delivery order contracts awarded by DoD pursuant to 10 U.S.C. 2304a.
216.505 Ordering.
Orders placed under indefinite-delivery contracts may be issued on DD Form 1155, Order for Supplies or Services.
216.505-70 Orders for services under multiple award contracts.
(a) This subsection--
(1) Implements Section 803 of the National Defense Authorization Act for Fiscal Year 2002 (Pub. L. 107-107);
(2) Applies to orders for services exceeding $100,000 placed under multiple award contracts, instead of the procedures at FAR 16.505(b)(1) and (2) (see Subpart 208.4 for procedures applicable to orders placed against Federal Supply Schedules);
(3) Also applies to orders placed by non-DoD agencies on behalf of DoD; and
(4) Does not apply to orders for architect-engineer services, which shall be placed in accordance with the procedures in FAR Subpart 36.6.
(b) Each order for services exceeding $100,000 shall be placed on a competitive basis in accordance with paragraph (c) of this subsection, unless the contracting officer waives this requirement on the basis of a written determination that--
(1) One of the circumstances described at FAR 16.505(b)(2)(i) through (iv) applies to the order; or
(2) A statute expressly authorizes or requires that the purchase be made from a specified source.
(c) An order for services exceeding $100,000 is placed on a competitive basis only if the contracting officer--
(1) Provides a fair notice of the intent to make the purchase, including a description of the work the contractor shall perform and the basis upon which the contracting officer will make the selection, to all contractors offering the required services under the multiple award contract; and
(2) Affords all contractors responding to the notice a fair opportunity to submit an offer and have that offer fairly considered.
(d) When using the procedures in this subsection--
(1) The contracting officer should keep contractor submission requirements to a minimum;
(2) The contracting officer may use streamlined procedures, including oral presentations;
(3) The competition requirements in FAR Part 6 and the policies in FAR Subpart 15.3 do not apply to the ordering process, but the contracting officer shall consider price or cost under each order as one of the factors in the selection decision; and
(4) The contracting officer should consider past performance on earlier orders under the contract, including quality, timeliness, and cost control.
216.506 Solicitation provisions and contract clauses.
(d) If the contract is for the preparation of personal property for shipment or storage (see 247.271-4), substitute paragraph (f) at 252.247-7015, Requirements, for paragraph (f) of the clause at FAR 52.216-21, Requirements.