[Code of Federal Regulations] [Title 48, Volume 5] [Revised as of October 1, 2007] From the U.S. Government Printing Office via GPO Access [CITE: 48CFR852.216-70] [Page 242-243] TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM CHAPTER 8--DEPARTMENT OF VETERANS AFFAIRS Sec. 852.216-70 Estimated quantities for requirements contracts. (a) When definite quantities cannot be determined, solicitations for facility-level requirements contracts will contain the applicable clause as set forth below. Solicitations issued by the VA National Acquisition Center will contain provisions developed by that Center for particular application to its operations, subject to legal review as prescribed in 801.602-70(c)(1). (b) The following clause will be used for general equipment, supplies and services: Estimated Quantities (APR 1984) As it is impossible to determine the exact quantities that will be required during the contract term, each bidder whose bid is accepted wholly or in part will be required to deliver all articles or services that may be ordered during the contract term, except as he/she otherwise indicates in his/her bid and except as otherwise provided herein. Bids will be considered if made with the proviso that the total quantities delivered shall not exceed a certain specified quantity. Bids offering less than 75 percent of the estimated requirement or which provide that the Government shall guarantee any definite quantity, will not be considered. The fact that quantities are estimated shall not relieve the contractor from filling all orders placed under this contract to the extent of his/her obligation. Also, the Department of Veterans Affairs shall not be relieved of its obligation to order from the contractor all articles or services that may, in the judgment of the ordering officer, be needed except that in the public exigency procurement may be made without regard to this contract. (End of clause) (c) The following clause will be used in local coal-hauling contracts. Estimated Quantity The estimated requirements shown in this invitation for bids cover the requirements for the entire contract period. It is understood and agreed that during the period of this contract the Government may order and the contractor will haul such coal as may, in the opinion of the Government, be required, except that in the public exigency procurement may be made without regard to this contract. (End of clause) (d) The following clause will be used for orthopedic, prosthetic, and optical supplies. Quantities The supplies and/or services listed in the attached schedule will be furnished at such time and in such quantities as they are required. (End of clause) (e) The following clause will be used for National Cemetery System contracts for monuments: Estimated Quantities (JUL 1989) As it is impossible to determine the exact quantities that will be required during the contract term, each bidder whose bid is accepted wholly or in part will be required to deliver all articles that may be ordered during the contract term, except as he or she otherwise indicates in his or her bid and except as otherwise provided herein. Bids will be considered if made with the proviso that the total quantities delivered shall not exceed a certain specified quantity. The fact [[Page 243]] that quantities are estimated shall not relieve the contractor from filling all orders placed under this contract to the extent of his or her obligation. Also, the Department of Veterans Affairs shall not be relieved of its obligation to order from the contractor all articles that may, in the judgment of the ordering officer, be needed except that in the public exigency procurement may be made without regard to this contract. (End of clause) [49 FR 12629, Mar. 29, 1984, as amended at 50 FR 794, 796, Jan. 7, 1985; 54 FR 30045, July 18, 1989; 63 FR 69223, Dec. 16, 1998]