FAR 52.247-8—Estimated Weights or Quantities Not Guaranteed.
Plain-English Summary
FAR 52.247-8, Estimated Weights or Quantities Not Guaranteed, is a transportation clause used in solicitations and contracts for transportation or transportation-related services when the stated weights or quantities are only estimates. It addresses the relationship between estimated traffic volume and the Government’s actual obligation to use the contractor, making clear that the Government does not promise any particular amount of freight, shipments, or service volume. At the same time, it preserves the contractor’s right to receive orders for services that are actually required under the contract and ordered in accordance with its terms. In practice, this clause helps prevent contractors from treating estimated quantities as minimum guarantees and helps the Government avoid unintended liability for shortfalls in traffic. It is especially important in transportation contracts where pricing, capacity planning, and operational commitments may be based on projected volumes that can change over time. The clause also reinforces that the Government’s ordering obligation is tied to actual requirements and proper ordering procedures, not to the estimate itself.
Key Rules
Estimates Are Not Guarantees
The stated weights or quantities are estimates only. The Government does not guarantee that actual traffic, shipments, or service volumes will match those estimates.
No Promise of Traffic Volume
The Government expressly disclaims any guarantee of a particular volume of traffic described in the contract. Contractors cannot rely on the estimate as a minimum purchase commitment unless another contract term says otherwise.
Required Services Must Be Ordered
If services are actually required under the contract and the contractor is entitled to perform them under the contract terms, the Government must place orders for those services with the contractor. The clause preserves the contractor’s right to receive properly required work.
Applies to Transportation Estimates
This clause is prescribed for solicitations and contracts for transportation or transportation-related services when weights or quantities are estimated. It is intended for situations where volume is uncertain and only projected for pricing or planning purposes.
Contract Terms Still Control
The clause does not override the rest of the contract. Ordering, performance, and payment obligations still depend on the contract’s specific terms, including any ordering procedures, service descriptions, and applicable transportation requirements.
Responsibilities
Contracting Officer
Include the clause when required by the prescription for transportation or transportation-related services involving estimated weights or quantities. Ensure the solicitation and contract clearly reflect that estimates are not guarantees and that ordering will follow the contract terms.
Government/Agency
Use estimated quantities as planning or pricing information only, and avoid implying that the estimates represent a minimum or guaranteed volume. Place orders for services only when they are actually required and in accordance with the contract.
Contractor
Treat estimated weights or quantities as nonbinding projections, not guaranteed business. Plan capacity and pricing with the understanding that actual traffic may be higher or lower, while remaining ready to perform orders properly issued under the contract.
Practical Implications
Contractors should not base claims for lost revenue on the estimate alone; the clause makes clear there is no guaranteed volume unless another contract provision creates one.
Contracting officers should avoid language in discussions, schedules, or performance expectations that suggests the estimate is a commitment, because that can create confusion or disputes.
Both parties should distinguish between estimated quantities used for pricing and actual ordered requirements used for performance and payment.
This clause is important for capacity planning: contractors may need to manage fleet, labor, or subcontracting resources without assuming the estimate will materialize.
If the Government consistently orders far less than the estimate, the clause generally protects the Government from liability based solely on the estimate, but the rest of the contract should still be reviewed for any minimums, requirements, or ordering commitments that may apply.
Official Regulatory Text
As prescribed in 47.207-3 (e)(2) , insert the following clause in solicitations and contracts for transportation or for transportation-related services when weights or quantities are estimates: Estimated Weights or Quantities Not Guaranteed (Apr 1984) The estimated weights or quantities are not a guarantee of actual weights or quantities, as the Government does not guarantee any particular volume of traffic described in this contract. However, to the extent services are required as described in this contract and in accordance with the terms of this contract, orders for these services will be placed with the Contractor. (End of clause)