48 C.F.R. § 52.216-18

52.216-18 Ordering.

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

Ordering (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from ___ through ___ [insert dates].

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause) [60 FR 49727, Sept. 26, 1995, as amended at 85 FR 40076, July 2, 2020]

Notes of Decisions

Cited in 4 cases, 1995–2015 · leading case: Gardiner, Kamya & Assocs., P.C. v. Sec'y of Hous. & Urban Dev., 467 F.3d 1348 (Fed. Cir. 2006).

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Gardiner, Kamya & Assocs., P.C. v. Sec'y of Hous. & Urban Dev., 467 F.3d 1348 (Fed. Cir. 2006). “See 48 C.F.R. §§ 52.216-18 to 52.216-22. As contemplated by the regulations the contract did not provide for any specific work to be done.”

E.W. Bliss Co. v. United States, 33 Fed. Cl. 123 (Fed. Cl. 1995). · cites it 2× “216-18, 48 C.F.R. § 52.216-18 (1984). The Ordering Clause stated that any services furnished under the contract should be ordered by the issuance of delivery orders.”

Aydin Corp. (West) v. Sheila E. Widnall, Sec'y of the Air Force, 61 F.3d 1571 (Fed. Cir. 1995). “48 C.F.R. § 52.216-18 (1987) (emphasis added).”

Daydanyon Corp. v. Dep't of Def., 600 F. App'x 739 (Fed. Cir. 2015). “210; see also 48 C.F.R. § 52.216-18 . And FAR 52.2169007, CONTRACT AND DELIVERY ORDER LIMITATIONS (JUL 2006), which provides, in relevant part: (a) Delivery orders will specify delivery no less than 120 days from the date of the order.”

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