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Fisherr

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About Fisherr

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  1. I am managing an IDIQ contract with the following clause: 52.216-22 INDEFINITE QUANTITY (OCT 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. ( Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." © Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) 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 the completion date of outstanding orders, unless otherwise modified by mutual agreement. After the basic contract period of performance (POP) expired I received funding for additional quantities of the same contract line items (CLIN) as were ordered on a delivery order issued before the basic contract POP expired. With the POP now expired, can I legally modify (on a bilateral basis) the same delivery order to incorporate the new quantities? The contractor is still due to deliver on all the CLINs in the delivery order (in other words the delivery order remains outstanding). The proposed delivery order modification will likely extend deliveries out beyond the delivery dates that were established when the delivery order was issued.
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