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Section 5452.216-9007: Contract and Delivery Order Limitations.

    As prescribed in 16.506(91)(a), insert the following clause:

CONTRACT AND DELIVERY ORDER LIMITATIONS (Jul 2006)- DLAD

 

[ ] (a) Delivery orders will specify delivery no less than ______________ days from the date of order. Changes or cancellations to delivery orders may be made by giving the contractor notice no less than ___ days [remembering that days are always calendar days unless otherwise defined] before the required delivery date.

(b) Maximum Contract Limitation. The maximum quantity or maximum dollar value that may be ordered against this contract is _______________.

(c) Guaranteed Minimum.

(1) The Government guarantees that it will order under this contract (and under the contract awarded for any partial set-aside) the following minimum, as applicable:

    [ ] (i) Base period of one year.

        ______ (Quantity)

        ______ (Percentage of the annual estimated quantity or dollar value)

    [ ] (ii) Base period of two or more years.

        ______ (Quantity) multiplied by ______.

        ______ (Percentage) multiplied by ______.

    [ ] (iii) The following minimum quantities within the time periods prescribed (QTR represents a three-month period computed from date of award):

      CLIN

      FIRST QTR

      SECOND QTR

      THIRD QTR

      FOURTH QTR

      ____________

      _________

      ____________

      __________

      ____________


        [ ] (iv) The contractor will not be obligated to honor any order with F.O.B. Destination terms that requires delivery to a single destination of a quantity less than that shown below:

      CLIN

      MINIMUM QUANTITY PER DESTINATION

      ________________

      __________________________________


      (2) The Government may fulfill the guarantee by a single delivery order or by any number of delivery orders subject to the minimum per order specified in the clause Order Limitations, FAR 52.216-19 (a). The maximum quantity per order does not apply until after the guaranteed minimum is satisfied.

      (3) In the event that a single delivery order includes both items that are within the guaranteed minimum and items in excess of the guaranteed minimum, the maximum delivery order limitations in FAR 52.216-19 (b) shall apply, and the Contractor shall be governed by the notice requirement of FAR 52.216-19 (d).

      (4) The total of the delivery orders issued during the base contract period will apply to the minimum guarantee stated in this paragraph (c). The Government’s obligations with regard to the guarantee will be satisfied when the total of the delivery orders equals or exceeds the guaranteed quantity or guaranteed dollar value, as applicable.

      (d) If this is an Invitation for Bids (IFB) and the Government elects to award a different quantity than that solicited or bid upon, the delivery schedule will be changed in direct proportion to the change in quantity. If this solicitation involves a partial set-aside, the Government will consider each destination (or combined destinations) separately in awarding the set-aside portion. The destination(s) appearing on page(s)______________ is (are) the non set-side portion.

      (End of clause)




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