Hey Folks, I am working on a rather large project for my agency and there has been several discussions in which there has been no end to with regards to clauses that flow down to orders placed under a Schedule, GWAC, IDIQ, or BPA etc. The discussion goes further into the provisions as well. I have scoured the internet and this forum and i'm able to piecemeal information pertaining to this topic but was wondering if there were any blogs, GAO cases, white papers that discuss clause flow down from the master contract to the orders placed under the master contract. A lot of the discussions I am finding are specific to clause flow down from a prime contractor's contract to the subcontractor, and I want to be clear that this is not what I am seeking or related to what I am researching. Anyone know of any good reads related to clause flow down from the master contract to the order placed under the master contract?
As an example of what I am facing, one discussion was around an MA/IDIQ contract that contains the clause 52.217-9, Option to Extend the Term of the Contract. Besides the point that the IDIQ contract does not have any options but has the appropriate ordering period clauses filled out, does this clause "flow down" to the order placed under the IDIQ if omitted completely from the Order? The order is a 5 year contract with an option that needs to be exercised each year for performance to continue. Taking inconsideration everything that I have read and based on my understanding, if there is a clause that needs to be tailored (i.e. clause that require the CO to fill in the blanks), the clause does not flow down as the clause needs to be tailored specifically for that order. So in this circumstance, 52.217-9 does not flow down from the IDIQ contract to the order but other clauses such as a clause like FAR 52.202-1, Definitions, does flow down and is not required to be in the order level contract.
Another part of the discussion is around FAR provisions. Do these flow down as well? For instance FAR 52.216-1, Type of Contract.
There are two sides to this discussion. One side is those that believe the order under any IDIQ, Schedule, GWAC, and or BPA do not need to have any clauses or provisions. The other side believes that it depends on the provision/clause and its applicability to the actual order.