Common use of METHOD OF ORDERING Clause in Contracts

METHOD OF ORDERING. a. Supplies and services to be furnished under this contract shall be ordered by the issuance of both bilateral and unilateral orders. Task order types will be Firm-Fixed Price (FFP). b. The Government shall be under no obligation to issue any particular number or types of orders and no liability to the contractor shall be incurred in the event that a certain number or types of orders are not issued; however, the Government guarantees a minimum ordering obligation of $2,000.00 for the base order period. (NOTE: This is a minimum ordering obligation, NOT a minimum payment. Contractor shall only be entitled to breach of contract damages, i.e., anticipated profit for an order of this amount and provable standby costs, in the event that the Government does not issue orders for the value of the minimum-ordering guarantee.) The contractor shall furnish to the Government, when and if ordered, the services and/or materials set forth in the Schedule B and shall undertake performance in accordance therewith and within the monetary limitations set forth therein. For the duration of the contract, the contractor shall maintain the capability to perform the orders issued hereunder on a short reaction basis, which is defined as being able to meet in five (5) workday response time, from time of receiving the order until performance commences. c. Orders under Multiple Award Contracts 1. Task orders will be awarded against the basic IDIQ contracts using the fair opportunity procedures pursuant to Section 843 of the National Defense Authorization Act for FY 2013, Public Law 110-118 and FAR PART 16.5, in addition to the competitive source selection procedures identified in Section 863 of Public Law 110-417. Each Order exceeding $3,500.00 will be awarded on a competitive basis in accordance with FAR 16.505 and DFARS 216.505-70(c), unless an exception described in FAR 16.505 (b)(2)(i) through (iv) or DFARS 216.505-70(b)(1) applies. 2. No protest under FAR Subpart 33.1 is authorized in connection with the issuance of an order under $10,000,000.00 under the proposed task order contract, except for a protest that the order increases the scope, period or maximum value of the contract. See Section 843 of the National Defense Authorization Act for FY 2009 for protests on task orders valued over $10,000,000.00. d. If the contractor determines that the (PWS) is not within the scope of the basic contract, the contractor shall notify the Contracting Officer immediately in writing and shall include the reason for such judgment.

METHOD OF ORDERING. a. a) Supplies and services to be furnished under this contract shall be ordered by the issuance of both bilateral and unilateral orders. Task order types will be Firm-Fixed Price (FFP). b. b) The Government shall be under no obligation to issue any particular number or types of orders and no liability to the contractor shall be incurred in the event that a certain number or types of orders are not issued; however, the Government guarantees a minimum ordering obligation of $2,000.00 3,000.00 for the base order period. (NOTE: This is a minimum ordering obligation, NOT a minimum payment. Contractor shall only be entitled to breach of contract damages, i.e., anticipated profit for an order of this amount and provable standby costs, in the event that the Government does not issue orders for the value of the minimum-ordering guarantee.) The contractor shall furnish to the Government, when and if ordered, the services and/or materials set forth in the Schedule B and shall undertake performance in accordance therewith and within the monetary limitations set forth therein. For the duration of the contract, the contractor shall maintain the capability to perform the orders issued hereunder on a short reaction basis, which is defined as being able to meet in five (5) workday response time, from time of receiving the order until performance commences. c. c) Orders under Multiple Award Contracts 1. Task orders will be awarded against the basic IDIQ contracts using the fair opportunity procedures pursuant to Section 843 of the National Defense Authorization Act for FY 2013, Public Law 110-118 and FAR PART 16.5, in addition to the competitive source selection procedures identified in Section 863 of Public Law 110-417. Each Order exceeding $3,500.00 will be awarded on a competitive basis in accordance with FAR 16.505 and DFARS 216.505-70(c), unless an exception described in FAR 16.505 (b)(2)(i) through (iv) or DFARS 216.505-70(b)(1) applies. 2. No protest under FAR Subpart 33.1 is authorized in connection with the issuance of an order under $10,000,000.00 25,000,000.00 under the proposed task order contract, except for a protest that the order increases the scope, period or maximum value of the contract. See Section 843 of the National Defense Authorization Act for FY 2009 for protests on task orders valued over $10,000,000.00. d. . d) If the contractor determines that the (PWS) something in the task order PWS is not within the scope of the basic contract, the contractor shall notify the Contracting Officer immediately in writing and shall include the reason for such judgment. e) No work shall be initiated by the contractor prior to receipt of the signed task order, unless otherwise directed/authorized by the Contracting Officer. It is the intent of the Government to distribute the issuance of task orders over the period of the contract; however, due to the nature of the mission, there is no guarantee of an orderly flow of work. Task orders may be issued under this contract from date of award throughout contract period of performance. f) All task orders issued hereunder are subject to the terms and conditions of the basic contract. The basic contract shall control in the event of conflict with any task order. g) The work to be performed shall be in accordance with the written PWS attached to each task order and made a part thereof.