FAR 52.216-18—Ordering.
Plain-English Summary
FAR 52.216-18, Ordering, sets the basic rules for how the Government places delivery orders and task orders under a contract. It identifies who may issue orders, the period during which orders may be placed, and the fact that all orders are governed by the underlying contract terms and conditions. It also defines when an order is considered "issued" for purposes of notice and effectiveness, including specific rules for mail, fax, and electronic transmission. Finally, it allows other ordering methods only if the contract expressly authorizes them. In practice, this clause is central to indefinite-delivery contracts because it controls how work is authorized, when the contractor is on notice, and which document controls if an order conflicts with the base contract.
Key Rules
Only designated officials may order
Supplies and services must be ordered by delivery orders or task orders issued by the individuals or activities named in the Schedule. This limits ordering authority to the Government personnel or offices specifically identified in the contract.
Orders valid only during stated period
The clause requires the contract to state the dates during which orders may be issued. Orders placed outside that ordering window are not authorized under this clause unless another contract term provides otherwise.
Orders remain subject to contract terms
Every delivery order and task order is governed by the terms and conditions of the underlying contract. If an order conflicts with the contract, the contract controls, so the order cannot override the base agreement.
Clear rule for when an order is issued
The clause defines issuance based on the method used: mailing occurs when the Government deposits the order in the mail, faxing occurs when it is transmitted to the contractor's fax number, and electronic issuance occurs when the order is posted to a Government document access system with notice to the contractor or emailed to the contractor.
Alternative methods need authorization
The Government may use other ordering methods only if the contract specifically authorizes them. Without that authorization, the methods listed in the clause are the default and controlling procedures.
Responsibilities
Contracting Officer / Authorized Ordering Activity
Issue delivery orders or task orders only through the individuals or activities designated in the Schedule, only during the stated ordering period, and only by methods allowed by the contract. Ensure each order is consistent with the base contract and understand that the contract controls if there is a conflict.
Contractor
Monitor the authorized ordering channels and the ordering period, treat orders as effective when they are issued under the clause, and perform only work that is properly ordered under the contract. Review orders for consistency with the contract and raise conflicts promptly because the underlying contract governs.
Agency / Ordering Office
Designate the proper ordering officials or activities in the Schedule and, if needed, expressly authorize any nonstandard ordering methods in the contract. Maintain procedures that ensure orders are transmitted in a way that satisfies the clause's issuance rules.
Practical Implications
This clause determines when the contractor is actually on notice of an order, which matters for performance start dates, delivery schedules, and internal planning.
A common pitfall is assuming an order can change the base contract; it cannot. If the order conflicts with the contract, the contractor should look to the contract language first.
Contractors should verify the ordering period and the list of authorized ordering officials or activities, because orders from unauthorized sources may not be valid.
Electronic ordering is common, but the clause is specific about what counts as issuance, so contractors should track the exact method used and preserve records of receipt or system posting.
If the contract allows special ordering methods, those methods should be clearly documented; otherwise, disputes can arise over whether an order was properly issued.
Official Regulatory Text
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. (c) A delivery order or task order is considered "issued" when— (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)