Can the delivery orders have line items that are not part of the IDC or any of the IDC modifications? Can the unit of measure be changed from what is in the IDC (ex., MO on IDC, LO on DO)?
This response is specifically based on the background information provided as there is no additional information, access to the IDC file, or other specifics that are applicable to this situation. It is recommended that you consult with the procuring Contracting Officer and Legal if you have not already done so.
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FAR subpart 16.5 allows the contracting officer to make awards of indefinite-delivery contracts. As used in subpart 16.5 a delivery order is a contract for supplies that does not procure or specify a firm quantity of supplies (other than a minimum or maximum quantity) and that provides for the issuance of orders for the delivery of supplies during the period of the contract.
Nothing in FAR subpart 16.5 restricts the authority of the General Services Administration (GSA) to enter into schedule, multiple award, or task or delivery order contracts under any other provision of law. Therefore, GSA regulations and the coverage for the Federal Supply Schedule program in Subpart 8.4 and Part 38 take precedence over this subpart.
FAR 8.402(f) states the following:
f) For administrative convenience, an ordering activity contracting officer may add items not on the Federal Supply Schedule (also referred to as open market items) to a Federal Supply Schedule blanket purchase agreement (BPA) or an individual task or delivery order only if--
(1) All applicable acquisition regulations pertaining to the purchase of the items not on the Federal Supply Schedule have been followed (e.g., publicizing (Part 5 <http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/05.htm> ), competition requirements (Part 6 <http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/06.htm> ), acquisition of commercial items (Part 12 <http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/FAR1%602.doc> ), contracting methods (Parts 13 <http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/13.htm> , 14 <http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/14.htm> , and 15 <http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/15.htm> ), and small business programs (Part 19 <http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/19.htm> ));
(2) The ordering activity contracting officer has determined the price for the items not on the Federal Supply Schedule is fair and reasonable;
(3) The items are clearly labeled on the order as items not on the Federal Supply Schedule; and
(4) All clauses applicable to items not on the Federal Supply Schedule are included in the order.
FAR 16.501-2 specifically states:
Pursuant to 10 U.S.C. 2304d and 41 U.S.C. 4101, requirements contracts and indefinite-quantity contracts are also known as delivery-order contracts or task-order contracts. So based on the use of the term “delivery order” the IDC would have to be either a Requirements contract or Indefinite-Quantity contract.
The regulation further states at FAR 16.505(a) (2):
(2) Individual orders shall clearly describe all services to be performed or supplies to be delivered so the full cost or price for the performance of the work can be established when the order is placed. Orders shall be within the scope, issued within the period of performance, and be within the maximum value of the contract. Based on this statement, there could be concern with whether the order is within the scope of the IDC which may bring up other issues such as competition and synopsizing.
In summary, the base instrument – A FSS BPA, task or delivery order, or IDC –sets the stage for any orders that will follow.