FAR and DFARS › DFARS Part 216: Types of Contracts › Subpart 216.1
DFARS 216.104 Factors in selecting contract type.
The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.
In plain English
This section tells contracting officers to follow the principles and procedures in a specific Defense Procurement and Acquisition Policy memorandum dated April 1, 2016, titled "Guidance on Using Incentive and Other Contract Types," when choosing and negotiating the most appropriate contract type. It matters to contractors because the contract type selected for a procurement will be guided by that memorandum, which can affect how incentives and risk are structured. It also points to PGI 216.104 for additional information.
Applies to: Contracting officers selecting and negotiating contract types for defense procurements
What it requires
- Follow the principles and procedures in the Director, Defense Procurement and Acquisition Policy memorandum dated April 1, 2016, entitled "Guidance on Using Incentive and Other Contract Types" when selecting and negotiating the most appropriate contract type.
Key terms: contract type · incentive contract types · Director, Defense Procurement and Acquisition Policy · PGI 216.104
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The text
Contracting officers shall follow the principles and procedures in Director, Defense Procurement and Acquisition Policy memorandum dated April 1, 2016, entitled “Guidance on Using Incentive and Other Contract Types,” when selecting and negotiating the most appropriate contract type for a given procurement. See PGI 216.104.
← 216.102 Policies. · 216.104-70 Research and development. →
Rule changes for DFARS Part 216
- Defense Federal Acquisition Regulation Supplement: Inflation Adjustment of Acquisition-Related Thresholds (DFARS Case 2024-D002) ↗ · final rule 2025-08-25 · effective 2025-10-01
- Defense Federal Acquisition Regulation Supplement: Inflation Adjustment of Acquisition-Related Thresholds (DFARS Case 2024-D002) ↗ · proposed 2025-01-17 · comments due 2025-03-18
- Defense Federal Acquisition Regulation Supplement: Task Order and Delivery Order Contracting for Architectural and Engineering Services (DFARS Case 2023-D007) ↗ · final rule 2024-12-18 · effective 2024-12-18
- Defense Federal Acquisition Regulation Supplement: Task Order and Delivery Order Contracting for Architectural and Engineering Services (DFARS Case 2023-D007) ↗ · proposed 2024-07-29 · comments due 2024-09-27
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.