FAR 16.307

(a) (1) The contracting officer shall insert the clause at 52.216-7 , Allowable Cost and Payment, in solicitations and contracts when a cost-reimbursement contract or a time-and-materials contract (other than a contract for a commercial product or commercial service) is contemplated. If the contract is a time-and-materials contract, the clause at 52.216-7 applies in conjunction with the clause at 52.232-7 ), but only to the portion of the contract that provides for reimbursement of materials (as defined in the clause at 52.232-7 ) at actual cost. Further, the clause at 52.216-7 does not apply to labor-hour contracts. (2) If the contract is a construction contract and contains the clause at 52.232-27 , Prompt Payment for Construction Contracts, the contracting officer shall use the clause at 52.216-7 with its Alternate I. (3) If the contract is with an educational institution, the contracting officer shall use the clause at 52.216-7 with its Alternate II. (4) If the contract is with a State or local government, the contracting officer shall use the clause at 52.216-7 with its Alternate III. (5) If the contract is with a nonprofit organization other than an educational institution, a State or local government, or a nonprofit organization exempted under the OMB Uniform Guidance at 2 CFR part 200 , appendix VIII, the contracting officer shall use the clause at 52.216-7 with its Alternate IV. (b) The contracting officer shall insert the clause at 52.216-8 , Fixed Fee, in solicitations and contracts when a cost-plus-fixed-fee contract (other than a construction contract) is contemplated. (c) The contracting officer shall insert the clause at 52.216-9 , Fixed-Fee-Construction, in solicitations and contracts when a cost-plus-fixed-fee construction contract is contemplated. (d) The contracting officer shall insert the clause at 52.216-10 , Incentive Fee, in solicitations and contracts when a cost-plus-incentive-fee contract is contemplated. (e) (1) The contracting officer shall insert the clause at 52.216-11 , Cost Contract-No Fee, in solicitations and contracts when a cost-reimbursement contract is contemplated that provides no fee and is not a cost-sharing contract. (2) If a cost-reimbursement research and development contract with an educational institution or a nonprofit organization that provides no fee or other payment above cost and is not a cost-sharing contract is contemplated, and if the contracting officer determines that withholding of a portion of allowable costs is not required, the contracting officer shall use the clause with its Alternate I. (f) (1) The contracting officer shall insert the clause at 52.216-12 , Cost-Sharing Contract-No Fee, in solicitations and contracts when a cost-sharing contract is contemplated. (2) If a cost-sharing research and development contract with an educational institution or a nonprofit organization is contemplated, and if the contracting officer determines that withholding of a portion of allowable costs is not required, the contracting officer shall use the clause with its Alternate I. (g) The contracting officer shall insert the clause at 52.216-15 , Predetermined Indirect Cost Rates, in solicitations and contracts when a cost-reimbursement research and development contract with an educational institution (see 42.705-3 (b)) is contemplated and predetermined indirect cost rates are to be used.

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