Ordering
FAR 52.216-18 ensures that only authorized individuals can issue orders under indefinite delivery contracts, using specified methods and within defined timeframes, to maintain contract integrity and compliance.
Overview
FAR 52.216-18, "Ordering," establishes the procedures for how supplies and services are ordered under indefinite delivery contracts. It specifies that only designated individuals or activities listed in the contract Schedule may issue delivery or task orders, and these orders must be issued within the dates specified in the contract. The clause clarifies that all orders are subject to the contract's terms and conditions, and in case of any conflict, the contract prevails. It also defines when an order is considered "issued" based on the method of transmission (mail, fax, or electronic means) and allows for other methods only if explicitly authorized in the contract. This clause ensures clarity and consistency in the ordering process, protecting both the government and contractors from misunderstandings regarding order validity and authority.
Key Rules
- Authorized Ordering Officials
- Only individuals or activities designated in the contract Schedule may issue orders.
- Order Validity Period
- Orders can only be issued within the specific dates stated in the contract.
- Order Terms and Conditions
- All orders are governed by the contract's terms; the contract takes precedence in case of conflict.
- Order Issuance Methods
- Orders are considered issued when sent by mail, fax, or electronically (including posting to a document access system or email).
- Alternative Methods
- Other methods of issuing orders are permitted only if authorized in the contract.
Responsibilities
- Contracting Officers: Ensure only authorized individuals issue orders, orders are within the specified period, and proper issuance methods are used.
- Contractors: Accept only valid orders from authorized officials and verify orders are within the contract period and comply with contract terms.
- Agencies: Maintain oversight of order issuance and ensure compliance with contract procedures.
Practical Implications
- This clause provides a clear framework for issuing and accepting orders under indefinite delivery contracts, reducing disputes over order validity and authority.
- Contractors must be vigilant about who is authorized to issue orders and the methods used, as improper orders may not be enforceable.
- Common pitfalls include accepting orders from unauthorized individuals or outside the contract period, which can lead to non-payment or contract disputes.