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  • Question

    I am concerned about the quantities stated in the Purchase Request. Three of the nine part numbers have quantities for both the basic ordering period as well as a stated quantity for the out-year ordering period. However, the remaining six part numbers involve quantities for the out-year ordering period alone. In other words, six part numbers have a 0 qty for the basic ordering period and a quantity of 3 - 5 each for the out-year ordering period. Is it acceptable to have different part numbers in the out-year ordering period that are not identified in the basic contract period?


    Answer

    According to FAR 16.504, an indefinite-delivery indefinite-quantity (IDIQ) solicitation and resulting contract must contain a stated minimum and a not-to-exceed maximum.  Furthermore, FAR 16.504 (a) (4) (iii) provides guidance regarding the description of the supplies or services being acquired as follows:

    “ Include a statement of work, specifications, or other description, that reasonably describes the general scope, nature, complexity, and purpose of the supplies or services the Government will acquire under the contract in a manner that will enable a prospective offeror to decide whether to submit an offer;”


    Therefore, in your case, it would seem that as long as you meet the overall contract minimum during the life of the contract and provide an adequate description of the supplies that you intend to acquire in the solicitation as stated above, you could issue orders during the basic period or the out-year(s) for any of the parts.  In other words, not ordering some of the parts during the basic should not preclude you from ordering them in the out-year(s).  Also keep in mind that
    FAR 16.504(a) says that quantity limits (minimum and maximum values) may be stated in units or dollars.  So in your case, you could specify the minimum contract requirement in dollars to avoid any issues with the number or type of units being specified.
     

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