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  • Question

    If a new FAR clause is added to an IDIQ contract, is it also automatically flown-down to the individual task orders at the same time, or is the PCO responsible for flowing down (adding) the new clause to the task order? If the PCO is responsible for flowing down the clause in a task order, then is the clause not applicable until such time it is added? Thank you!


    Answer

    It depends on the wording in the clause at it pertains to time applicability. For example, the clause at FAR 52.216-22 (Indefinite Quantity) states in paragraph (a) that it is "...for the supplies or services specified, and effective for the period stated, in the Schedule." The "period stated" is applicable to all individual task orders in the Schedule. Although you did not specify which clause is the basis for your question (and whether it contains unique provisions in respect to time applicability that relate to your question), once a clause has been added to the basic contract it should be read as applying to all individual task orders generated from that contract. If the added clause incurs additional costs to the contractor, the contractor could request an equitable adjustment to account for the unforeseen costs.

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