(a) There are three types of indefinite-delivery contracts: definite-quantity contracts, requirements contracts, and indefinite-quantity contracts. (4) Requirements contracts may permit faster deliveries when production lead time is involved, because contractors are usually willing to maintain limited stocks when the Government will obtain all of its actual purchase requirements from the contractor.The appropriate type of indefinite-delivery contract may be used to acquire supplies and/or services when the exact times and/or exact quantities of future deliveries are not known at the time of contract award. (c) Indefinite-delivery contracts may provide for any appropriate cost or pricing arrangement under Part 16.(c) Nothing in this subpart 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.(i) Except for indefinite-quantity contracts for advisory and assistance services as provided in paragraph (c)(2) of this section, the contracting officer must, to the maximum extent practicable, give preference to making multiple awards of indefinite-quantity contracts under a single solicitation for the same or similar supplies or services to two or more sources.(ii)(A) The contracting officer must determine whether multiple awards are appropriate as part of acquisition planning.(d) The statutory multiple award preference implemented by this subpart does not apply to architect-engineer contracts subject to the procedures in subpart 36.6. 4101, requirements contracts and indefinite-quantity contracts are also known as delivery-order contracts or task-order contracts.
(d) Limitations on use of requirements contracts for advisory and assistance services.
(1) The contract must require the Government to order and the contractor to furnish at least a stated minimum quantity of supplies or services.
In addition, if ordered, the contractor must furnish any additional quantities, not to exceed the stated maximum.
As used in this subpart— “Delivery-order contract” means 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. (2) Indefinite-quantity contracts and requirements contracts also permit— (i) Flexibility in both quantities and delivery scheduling; and (ii) Ordering of supplies or services after requirements materialize.
“Task-order contract” means a contract for services that does not procure or specify a firm quantity of services (other than a minimum or maximum quantity) and that provides for the issuance of orders for the performance of tasks during the period of the contract. (3) Indefinite-quantity contracts limit the Government’s obligation to the minimum quantity specified in the contract.