52.216-21 Requirements.

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

Requirements (Oct 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period

stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates

only and are not purchased by this contract. Except as this contract may otherwise provide, if the

Government’s requirements do not result in orders in the quantities described as "estimated" or

"maximum" in the Schedule, that fact shall not constitute the basis for an equitable price

adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with

the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this

contract, the Contractor shall furnish to the Government all supplies or services specified in the

Schedule and called for by orders issued in accordance with the Ordering clause. The Government

may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all

the supplies or services specified in the Schedule that are required to be purchased by the

Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any

limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date

that delivery may be specified under this contract, and if the Contractor will not accept an order

providing for the accelerated delivery, the Government may acquire the urgently required goods or

services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period

shall be completed by the Contractor within the time specified in the order. The contract shall

govern the Contractor’s and Government’s rights and obligations with respect to that order to the

same extent as if the order were completed during the contract’s effective period; provided, that the

Contractor shall not be required to make any deliveries under this contract after _________________

[insert date].

Alternate I (Apr1984). If the requirements contract is for nonpersonal services and related supplies

and covers estimated requirements that exceed a specific Government activity’s internal capability

to produce or perform, substitute the following paragraph (c) for paragraph (c) of the basic clause:

(c) The estimated quantities are not the total requirements of the Government activity specified in

the Schedule, but are estimates of requirements in excess of the quantities that the activity may

itself furnish within its own capabilities. Except as this contract otherwise provides, the Government

shall order from the Contractor all of that activity's requirements for supplies and services specified

in the Schedule that exceed the quantities that the activity may itself furnish within its own

capabilities.

Alternate II (Apr 1984). If the requirements contract includes subsistence for both Government use
and resale in the same Schedule, and similar products may be acquired on a brand-name basis, add

the following paragraph (g) to the basic clause:

(g) The requirements referred to in this contract are for items to be manufactured according to

Government specifications. Notwithstanding anything to the contrary stated in the contract, the

Government may acquire similar products by brand name from other sources for resale.

Alternate III (Oct 1995). If the requirements contract involves a partial small business set-aside,

substitute the following paragraph (c) for paragraph (c) of the basic clause:

(c) The Government’s requirements for each item or subitem of supplies or services described in the

Schedule are being purchased through one non-set-aside contract and one set-aside contract.

Therefore, the Government shall order from each Contractor approximately one-half of the total

supplies or services specified in the Schedule that are required to be purchased by the specified

Government activity or activities. The Government may choose between the set-aside Contractor and

the non-set-aside Contractor in placing any particular order. However, the Government shall allocate

successive orders, in accordance with its delivery requirements, to maintain as close a ratio as is

reasonably practicable between the total quantities ordered from the two Contractors.

Alternate IV (Oct 1995). If the contract includes subsistence for both Government use and resale in

the same Schedule and similar products may be acquired on a brand-name basis and the contract

also involves a partial small business set-aside, substitute the following paragraph (c) for paragraph

(c) of the basic clause and add the following paragraph (g) to the basic clause:

(c) The Government’s requirements for each item or subitem of supplies or services described in the

Schedule are being purchased through one non-set-aside contract and one set-aside contract.

Therefore, the Government shall order from each Contractor approximately one-half of the total

supplies or services specified in the Schedule that are required to be purchased by the specified

Government activity or activities. The Government may choose between the set-aside Contractor and

the non-set-aside Contractor in placing any particular order. However, the Government shall allocate

successive orders, in accordance with its delivery requirements, to maintain as close a ratio as is

reasonably practicable between the total quantities ordered from the two Contractors.

(g) The requirements referred to in this contract are for items to be manufactured according to the

Government specifications. Notwithstanding anything to the contrary stated in the contract, the

Government may acquire similar products by brand name from other sources for resale.

Parent topic: 52.216 [Reserved]