Effective immediately, the determination and finding required by FAR 16.401(d) to justify that the use of an award-fee contract is in the best interest of the Government, shall be signed by the head of the contracting activity (HCA) or designee no lower than one level below the HCA. The determination and finding required by FAR 16.401(d) for all other incentive contracts may be signed at one level above the contracting officer. This authority may not be further delegated.

This deviation remains in effect until incorporated in the DFARS or otherwise rescinded.