52.247-8 Estimated Weights or Quantities Not Guaranteed
Source: FAR 52.247-8 on acquisition.gov
Estimated weights or quantities in transportation contracts are not guaranteed, so contractors should not rely on them as a promise of work volume.
Overview
FAR 52.247-8 clarifies that any weights or quantities listed in transportation or transportation-related service contracts are only estimates and not guaranteed by the Government. This clause is used when the actual volume of traffic or services required cannot be precisely determined at the time of contract award. The Government makes no commitment to provide a minimum or maximum amount of work, but will place orders for services as needed and in accordance with the contract terms.
Key Rules
- Estimates Not Guaranteed
- Any stated weights or quantities are estimates and do not represent a commitment by the Government to order those amounts.
- Order Placement
- The Government will place orders for services only as required and in line with the contract's terms and conditions.
Responsibilities
- Contracting Officers: Must include this clause in applicable solicitations and contracts when actual quantities are uncertain.
- Contractors: Should not rely on estimated weights or quantities as a guarantee of work volume and must be prepared for fluctuations.
- Agencies: Ensure that contractors understand the non-guaranteed nature of estimates and manage expectations accordingly.
Practical Implications
- This clause protects the Government from liability if actual service needs differ from estimates.
- Contractors must plan for variability in workload and should not base business decisions solely on estimated figures.
- Misunderstanding this clause can lead to disputes over expected versus actual work volume.
As prescribed in 47.207-3(e)(2), insert the following clause in solicitations and contracts for transportation or for transportation-related services when weights or quantities are estimates:
Estimated Weights or Quantities Not Guaranteed (Apr 1984)
The estimated weights or quantities are not a guarantee of actual weights or quantities, as the Government does not guarantee any particular volume of traffic described in this contract. However, to the extent services are required as described in this contract and in accordance with the terms of this contract, orders for these services will be placed with the Contractor.
(End of clause)