11.703
Contract clauses
FAR 11.703 mandates specific clauses for managing quantity variations in fixed-price supply and construction contracts, ensuring clarity and compliance for both parties.
Overview
FAR 11.703 outlines the required and optional contract clauses that must be included in solicitations and contracts when variations in quantity are authorized or anticipated. This section ensures that both contracting officers and contractors understand when to use specific clauses related to quantity variations in fixed-price supply and construction contracts. The regulation provides clear guidance on the inclusion of FAR clauses 52.211-16, 52.211-17, and 52.211-18, depending on the contract type and the nature of the quantity variation involved.
Key Rules
- Variation in Quantity Clause (52.211-16)
- Must be included in fixed-price contracts for supplies or services involving supplies if a variation in quantity is authorized.
- Delivery of Excess Quantities Clause (52.211-17)
- May be included in fixed-price supply contracts to address the delivery of quantities exceeding those specified in the contract.
- Variation in Estimated Quantity Clause (52.211-18)
- Must be included in fixed-price construction contracts that authorize variations in the estimated quantity of unit-priced items.
Responsibilities
- Contracting Officers: Ensure the appropriate clauses are inserted into solicitations and contracts based on contract type and quantity variation authorization.
- Contractors: Review contracts for the inclusion of these clauses and comply with their requirements regarding quantity variations and delivery.
- Agencies: Oversee compliance with clause inclusion and monitor contract performance for adherence to quantity terms.
Practical Implications
- This section exists to prevent misunderstandings and disputes over quantity variations in government contracts.
- It impacts daily contracting by requiring careful review and inclusion of the correct clauses, which can affect payment, delivery, and acceptance of supplies or construction work.
- Common pitfalls include omitting required clauses or misunderstanding when optional clauses should be used, leading to contract administration issues.