Code of Federal Regulations (Last Updated: May 6, 2024) |
Title 48 - Federal Acquisition Regulations System |
Chapter 2 - Defense Acquisition Regulations System, Department of Defense |
SubChapter C - Contracting Methods and Contract Types |
Part 216 - Types of Contracts |
Subpart 216.1 - Selecting Contract Types |
§ 216.102 - Policies.
Latest version.
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216.102 Policies.
(1)In accordance with section
829 of the National Defense Authorization Act for Fiscal Year 2017 (Pub. L. 114-328), the contracting officer shall first consider the use of fixed-price contracts, including fixed-price incentive contracts, in the determination of contract type. See 216.301-3(2) for approval requirements for certain cost-reimbursement contracts. (2) In accordance with section811 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239), use of any cost-reimbursement line item for the acquisition of production of major defense acquisition programs is prohibited, unless the exception at 234.004(2)(ii) applies.
(3) See 225.7301-1 for the requirement to use fixed-price contracts for acquisitions for foreign military sales.
[79 FR 4632, Jan. 29, 2014, as amended at 84 FR 65307, Nov. 27, 2019[87 FR 65513, Oct. 28, 2022]