Prepare a draft task or delivery order under a multiple-award contract
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the scope the contracting officer supplies, draft an order that describes the supplies or services, cites the base-contract line items the contracting officer identifies, and leaves price and the fair-opportunity decision blank. Do not place the order and do not decide that an exception to fair opportunity applies.
- What the lawyer must review
- FAR 16.505(a)(2) provides that individual orders shall clearly describe all services to be performed or supplies to be delivered so that the full cost or price can be established when the order is placed. Orders shall be within the scope, issued within the period of performance, and within the maximum value of the contract. For orders under multiple-award contracts, FAR 16.505(b)(1) provides that the contracting officer must provide each awardee a fair opportunity to be considered for each order exceeding the micro-purchase threshold, except as paragraph (b)(2) and the cross-reference in (b)(1)(i)(B) provide. The competition requirements in part 6 and the policies in subpart 15.3 do not apply to the ordering process. For an order above the simplified acquisition threshold, the contracting officer shall give fair notice of the intent to purchase, including a clear description and the basis of selection, and shall afford contractors who respond a fair opportunity to submit an offer, unless a written determination supports an exception in 16.505(b)(2)(i). For a task or delivery order in excess of $7.5 million, the fair-opportunity requirement includes, at a minimum, a notice with a clear statement of requirements, a reasonable response period, disclosure of the significant factors and subfactors including cost or price and their relative importance, a written statement of the basis for a best-value award, and an opportunity for a postaward debriefing. The contracting officer, not the tool, places the order and decides any exception. Dollar thresholds in the FAR are revised. Confirm the figures in force before reliance.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording and identifying points for review. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Trace every relied-on figure to its source, confirm dates and assumptions, and independently recalculate totals or derived amounts.
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.