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Section 5416.506: Solicitation Provisions and Contract Clauses.

(f)(90)

Use 52.216-9017, Single or Multiple Awards, on Solicitations and Contracts for single or multiple awards of indefinite quantity contracts when the Government reserves the right to award multiple task/delivery order contracts for the same or similar services or supplies to two or more sources under this solicitation. One or more awards may be conditioned on the approval of an alternate offer. Use with 52.216-27.

(90) Additions or deletions. The clause at 52.216-9006 may be used in solicitations when a mechanism is needed for making additions or deletions to items covered by the contract, e.g. corporate contracts, LTCs incorporating a manufacturer’s price list, comprehensive weapon system spare parts support or a specific range of items, etc.

 

(1) Competition requirements must be addressed before new items may be added to a contract.

(2) A scope of contract statement is necessary in both solicitation and contract to clearly establish the Government's intentions and rights under the contract. The contract scope statement should communicate a comprehensive objective for the acquisition, i.e. whether it is based on a specific stock class, weapon system, product line, manufacturer, or distributor, etc. The scope statement must not include information that conflicts with Section B or other terms of the solicitation. Contract specialists have considerable flexibility in defining contract scope but must be careful to avoid ambiguities. Example of a contract scope statement: "In addition to those items specified in Section B of this solicitation, the scope of this contract includes all DLA managed items manufactured by ABC Corp. in support of the XYZ weapon system. Items within the scope may be added to the contract at a later date in accordance with the terms of the clause 52.216-9006, Addition/Deletion of Items."

(91)(a) The Contracting Officer may use the clause at 52.216-9007, Contract and Delivery Order Limitations in conjunction with FAR 52.216-19 to establish contract and/or delivery order limitations.

(b)The clause at 52.216-9008, Offeror’s Quantity Limitations may be used when the Contracting Officer anticipates the receipt of offers containing quantity limitations.

(c)(1) The Contracting Officer may use the clause at 52.216-9009, Estimated Total Quantity in solicitations for Requirements Contracts using information furnished by the Item manager.

(2) The Contracting Officer may use the clause at 52.216-9010, Contract Quantity Limitations in solicitations for Indefinite Quantity Contracts using information furnished by the Item manager.

(d) The Contracting Officer may use the clause at 52.216-9010, Contract Quantity Limitations in conjunction with FAR 52.216-27 to establish quantity limitations for single, split, or multiple awards of indefinite-quantity contracts.

(e) The Contracting Officer may use the clause at 52.216-9023, Additional Ordering Limitation, in conjunction with FAR 52.216-19, Ordering Limitations in solicitations and contracts for definite-quantity, indefinite quantity, or a requirements contracts, when the Government wants to ensure that ordering will not be required until the Contractor cures an untimely delivery status on a previous order or other contract.

(f) The Contracting Officer may use the provision at 52.216-9024, Adjustment to Ordering Period, in conjunction with FAR 52.216-18, Ordering, in solicitations for definite-quantity, indefinite quantity, or a requirements contract, when the Government may need to adjust the ordering period at time of award. Fill in the assumed award date.

16.506 (91)

(g) The Energy Supply Chain Contracting Officer may use the clause 52.216-9055 CONTRACTOR ORDER RECEIPT AGENTS (DESC - Energy Supply Chain) in DESC solicitations/contracts when it is anticipated that an offeror may wish orders be directed to other than the prime Contractor. Include this clause in the Offeror Submission Package.

The Energy Supply Chain contracting officer may use 52.216-9057, Orders (Canadian Forces Vessels)(Energy Supply Chain) (AUG 2009) in bunkers solicitations and contracts.

(h) The DRMS contracting officer shall insert 52.216-9056, Limitation of Requirements (DRMS), in all DRMS solicitations and contracts for the disposal of hazardous waste.

(92)(a)

The Contracting Officer may use the provision at 52.216-9013, Evaluation of Offers for Indefinite Delivery Type Solicitations, to indicate to offerors how prices for quantity increments will be evaluated in solicitations for indefinite delivery contracts. If (c) (5) is selected, use when transportation costs will be evaluated and do not use FAR 52.247-50, No Evaluation of Transportation Costs. Use ALT I when not using the specified weights, but rather assigning the greatest weight to the quantity increment most likely to be procured for each delivery order.

(93)

(a) Use 52.216-9014, Area Requirements - Tentative Destinations, in solicitations permitting FOB Origin offers when it is desired to list one or more tentative destinations, each designating an area consisting of certain specified states or geographic areas.

(b) Use 52.216-9015, Area Requirements- Contiguous U.S., in solicitations and contracts for IDCs and IDPOs when the industry practice is to offer one price for delivery anywhere within the Contiguous United States (48 contiguous states and the District of Columbia).

(94)

Insert provision at 52.216-9019, Area Requirements - East and West of Mississippi, in C&E Solicitations for IDCs/IQCs specifying FOB Destination only, covering items of supply (NSN) which are divided into requirements for delivery East and West of the Mississippi River, within the continental United States, excluding Alaska, and the procurement is not partially set aside. Clause requires the use of odd numbered items (i.e., 0001, 0003, 0005, etc.) for requirements scheduled for delivery East of the Mississippi River and even numbered items (i.e., 0002, 0004, 0006, etc.) for requirements scheduled for delivery West of the Mississippi River.

(95)

Use a clause substantially the same as 52.216-9020, Prime Vendor Requirements, in Medical Pharmaceutical Prime vendor solicitations and contracts when an indefinite delivery modified requirements contract is contemplated. 52.216-9020 is to be used only for acquisitions in the Medical Supply Chain.

(96)

Use 52.216-9025, Invoices for Delivery Orders, in Delivery Orders against Federal Supply Schedules assigned to DSCR for administration.

(96)(b)

Use 52.216-9026, Pricing of Delivery Orders with Quantity Increments, in solicitations and awards for long term contracts which provide for shipment to more than one location and include quantity range pricing. Use when transportation costs will be relatively small compared to the cost of the item or when the contract price will be FOB origin.




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