In the event of an inconsistency in the contract, FAR 52.215-8 (Order of Precedence — Uniform Contract Format (UCF)) gives precedence in the following order: Schedule (excluding the specifications) — Sections A through H; Representations and Other Instructions — Sections K through M; Contract Clauses — Section I; Other Documents, Exhibits, and Attachments — Section J; and, Specifications. Contract Structure – Solicitations/Contracts for Commercial Items Solicitations/contracts for commercial items are significantly simpler than those for items. The solicitation/contract format consists of these sections: SF 1449 – Solicitation/Contract/Order for Commercial Items (a separate continuation sheet may be included as needed). Contract Clauses: 52.212-4, Contract Terms and Conditions — Commercial Items, by reference (see SF 1449 block 27a); Any addendum to 52.212-4; and, 52.212-5, Contract Terms and Conditions Required to Implement Statutes and Executive Orders. c. Any contract documents, exhibits or attachments; and, d. Solicitation provisions: 52.212-1, Instructions to Offerors — Commercial Items; Any addendum to 52.212-1; 52.212-2, Evaluation — Commercial Items, or other description of evaluation factor for award, if used; and, 52.212-3, Offeror Representations and Certifications — Commercial Items. Structure – Task or Delivery Orders Task or delivery orders may be placed using any indefinite-delivery type contract and must contain the following information: Date of order; Contract number and Order number; For supplies and services, contract item number and description, quantity, and unit price or estimated cost or fee; Delivery or performance schedule;
A warranty is a promise or affirmation given by a contractor to the purchaser regarding the nature, usefulness, condition, or performance of the supply or service to be delivered under of the contract. Implied Warranties There are two types of implied warranties: warranty of merchantability and warranty of fitness for a particular purpose. The warranty of merchantability implies that supplies must be fit for the ordinary purposes for which such supplies are normally used. This type of warranty is incorporated in the contract unless stated otherwise. The warranty of fitness for a particular purpose implies special protection for a buyer that relies on the seller’s expertise in selecting suitable supplies. Express Warranties An express warranty may be purchased to cover the risk of a product defect. Express warranties are based on the following: Any promise or affirmation of facts that become part of the bargain; A description of supplies that is part of the basis for the bargain; and, Any sample or model that is part of the basis for the bargain. Because must be purchased, the costs must be weighed against the need for protection against risk. The warranty takes effect at time of delivery. If an item is delivered for storage or later use, the warranty provides a starting time after delivery. The length of the warranty period must be specified. Warranties can be enforced when a defect within the warranty scope arises during the warranted period. Past Performance The relies on past performance data to assist with making award decisions. Therefore, in support of future acquisition efforts, the performance of contractors under current contracts should always be documented. The COR be tasked with collecting and reporting contractor performance information. The COR should be fair in assigning a performance rating and should provide narrative explaining the reasons for the rating.
Table A.1: /DD1155/DD250 Crosswalk Invoices Used as Receiving Reports A contractor’s invoice can be used as a receiving report if the contract or purchase order provides for use of certified invoices instead of a separate receiving report. If the COR is accepting contractor performance or delivery by using a certified invoice, he or she should include this statement: “I certify the supplies/services have been received and accepted on (day, month, and year).” This statement may be on an invoice, delivery ticket, voucher, or separate piece of paper, and it must contain printed name, title, telephone number, date, and signature of the overnment official authorized to receive and accept the supplies or services. Other Reports
Defense Acquisition University, “COR With a Mission Focus,” Course CLC 106, presentation (undated). Defense Acquisition University, Student Guide for Performance-Based Service Acquisition and the Seven Step Process, ACQ 265, November 2009. Defense Federal Acquisition Regulation Supplement 204.7003, Basic PII Number, 27 September 2010. Department of the Army, Training and Doctrine Command (TRADOC), Independent Government Estimate Preparation Guide, TRADOC Pamphlet 715-6, 19 July 2000.