---
kind: "section"
citation: "48 C.F.R. § 216.401"
title: "48"
number: "216.401"
heading: "General."
url: "https://uscodex.org/cfr/48/216.401"
---

# §216.401. General.

- (c) See PGI 216.401(c) for information on the Defense Acquisition University Award and Incentive Fees Community of Practice.
- (d) The determination and findings justifying that the use of an incentive- or award-fee contract is in the best interest of the Government, may be signed by the head of contracting activity or a designee—
- (i) No lower than one level below the head of the contracting activity for award-fee contracts; or
- (ii) **One level above the contracting officer for incentive-fee contracts.**
- (e) Award-fee plans required in FAR 16.401(e) shall be incorporated into all award-fee type contracts. Follow the procedures at PGI 216.401(e) when planning to award an award-fee contract.

## Notes

### Amendments

[75 FR 78619, Dec. 16, 2010, as amended at 76 FR 8305, Feb. 14, 2011, 84 FR 65307, Nov. 27, 2019; 87 FR 65513, Oct. 28, 2022]

### Authority

Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.

### Source

Source: 56 FR 36340, July 31, 1991, unless otherwise noted.

### Amendments

[75 FR 78619, Dec. 16, 2010, as amended at 76 FR 8305, Feb. 14, 2011, 84 FR 65307, Nov. 27, 2019; 87 FR 65513, Oct. 28, 2022]