FAR 16.105—Solicitation provision.
Plain-English Summary
FAR 16.105 tells contracting officers when they must include the solicitation provision at 52.216-1, Type of Contract, and when they may omit it. The section is narrow but important: it governs disclosure of the contract type in solicitations so offerors know whether the Government intends to use a fixed-price, cost-reimbursement, time-and-materials, labor-hour, or other authorized contract structure. In practice, this provision helps bidders understand the pricing, risk allocation, and administration framework before they submit offers. The rule also recognizes two exceptions where the provision is not required: fixed-price acquisitions conducted under simplified acquisition procedures and solicitations issued only for information or planning purposes. For contracting officers, this section is a basic solicitation-preparation requirement that supports transparency and reduces confusion about the contemplated contract vehicle.
Key Rules
Insert the Type of Contract provision
The contracting officer must include FAR 52.216-1, Type of Contract, in a solicitation unless an exception applies. This is a mandatory solicitation provision for covered acquisitions.
Exception for simplified fixed-price buys
The provision is not required for a fixed-price acquisition made under simplified acquisition procedures. In those cases, the simplified nature of the procurement makes the provision unnecessary.
Exception for planning-only notices
The provision is also not required when the solicitation is issued only for information or planning purposes. If the document is not seeking offers for award, the contract-type provision does not need to be inserted.
Purpose is contract-type notice
The provision exists to tell prospective offerors what type of contract the Government expects to use. That notice affects how contractors price risk, prepare proposals, and evaluate the administrative burden of the procurement.
Responsibilities
Contracting Officer
Determine whether the solicitation is for an actual acquisition or only for information/planning, and insert FAR 52.216-1 unless one of the stated exceptions applies. Ensure the solicitation clearly communicates the intended contract type when the provision is required.
Contractor/Offeror
Review the solicitation to understand the contemplated contract type and use that information when preparing pricing, risk assumptions, and proposal strategy. If the provision is absent, confirm whether an exception likely applies or whether the solicitation may be incomplete.
Agency
Support contracting officers with acquisition planning and solicitation templates that correctly include or omit the provision based on the acquisition method and purpose.
Practical Implications
This section is mainly a solicitation-preparation check: if the acquisition is not a simplified fixed-price buy and not just for planning, the provision should be there.
A common mistake is omitting the provision from a solicitation that actually seeks offers for award, which can create confusion about the intended contract structure.
Contractors should pay attention to the contract type because it directly affects pricing strategy, allowable risk, and post-award administration.
For planning-only notices, the absence of the provision is normal and should not be mistaken for a drafting error.
Contracting officers should verify that the solicitation format matches the acquisition purpose before release, especially when using templates or automated forms.
Official Regulatory Text
The contracting officer shall complete and insert the provision at 52.216-1 , Type of Contract, in a solicitation unless it is for- (a) A fixed-price acquisition made under simplified acquisition procedures; or (b) Information or planning purposes.