52.216-18 Ordering
Source: FAR 52.216-18 on acquisition.gov
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.
As prescribed in 16.506(a), insert the following clause:
Ordering (Aug 2020)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from __________ through ____________ [insert dates].
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) A delivery order or task order is considered "issued" when—
(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;
(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or
(3) If sent electronically, the Government either—
(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or
(ii) Distributes the delivery order or task order via email to the Contractor's email address.
(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.
(End of clause)