48 C.F.R. § 16.501-2

16.501-2 General.

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(a) There are three types of indefinite-delivery contracts: Definite-quantity contracts, requirements contracts, and indefinite-quantity contracts. 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. Pursuant to 10 U.S.C. 3401 and 41 U.S.C. 4101, requirements contracts and indefinite-quantity contracts are also known as delivery-order contracts or task-order contracts.

(b) The various types of indefinite-delivery contracts offer the following advantages:

(1) All three types permit (i) Government stocks to be maintained at minimum levels and (ii) direct shipment to users.

(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.

(3) Indefinite-quantity contracts limit the Government's obligation to the minimum quantity specified in the contract.

(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.

(c) Indefinite-delivery contracts may provide for any appropriate cost or pricing arrangement under part 16. Cost or pricing arrangements that provide for an estimated quantity of supplies or services (e.g., estimated number of labor hours) must comply with the appropriate procedures of this subpart.

[48 FR 42219, Sept. 19, 1983. Redesignated and amended at 60 FR 49725, Sept. 26, 1995; 75 FR 13421, Mar. 19, 2010; 79 FR 24202, Apr. 29, 2014' 87 FR 73898, Dec. 1, 2022]

Notes of Decisions

Cited in 4 cases, 2002–2010 · leading case: Tyler Construction Group v. United States

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Tyler Construction Group v. United States (2009) cafc · cites it 2× “501-2(a), 48 C.F.R. § 16.501-2 (a), “which identifies an IDIQ contract as a contract 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,’ ” does not cover “construction” because…”

J. Cooper & Associates, Inc. v. United States (2002) uscfc “2000); 48 C.F.R. 16.501-2(b)(2) (1995) (subpart 16.”

Precision Images, LLC v. United States (2007) uscfc “48 C.F.R. § 16.501-2 (a). An indefinite-quantity contract "provides for an indefinite quantity, within stated limits, of supplies or services during a fixed period.”

Coastal International Security, Inc. v. United States (2010) uscfc “” 48 CFR 16.501-2. . WSI’s December 22, 2009 Reply did not address Count IV, although WSI submitted post-argument briefing.”

— 48 C.F.R. § 16.501-2(b)(2) — 1 case

J. Cooper & Associates, Inc. v. United States (2002) uscfc “2000); 48 C.F.R. 16.501-2(b)(2) (1995) (subpart 16.”

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