Common use of ORDER CONDITIONS Clause in Contracts

ORDER CONDITIONS. Funding for each Order shall be contained in the Order and not in the Contract. The contract minimum guarantee is intended to be met by Orders and not by an outright payment from the SBSDC. Issuance of a single Order or a series of Orders having a cumulative value equal to or greater than the minimum guarantee satisfies the minimum guarantee. Services will be Ordered by issuance of written Orders on GSA Form 300, Standard Form 1449 or DD Form 1155. Other Agency specific forms may be considered for approval by the PCO on a case-by-case basis. Oral Orders are not authorized. Facsimile issuance of Orders is authorized and such Orders are considered to be properly issued when error free transmission is complete. No work will be performed, no debt or obligation accrued and no payment will be made except as authorized by a bona-fide written Order signed by a duly warranted and delegated OCO. Contractors work AT RISK if they perform work under an order that is not bona-fide or is not signed by a duly warranted and delegated OCO – and should implement the necessary checks and balances within their organizations to ensure that doesn’t occur. A bona-fide Order will include all of the following elements as applicable, the lack of a single applicable element makes an Order defective. Non bona-fide Orders shall be brought to the immediate attention of the PCO and all Government personnel listed on the face of the Order for dispositioning: - Date of Order - GSA Contract number - Government Order number - Appropriation and accounting data - Description of service(s) to be performed (preferably a performance based statement of work) - Period(s) of performance, performance timeframe(s) and performance deadline(s) - Place(s) of performance - Price/risk arrangements (order terms, i.e. FP or T&M) - Definitized order pricing - Definitized ceilings, if any - Signature of duly warranted and delegated OCO - Billing/Invoice address - Name of issuing Agency - Name, signature and phone number of OCO - Name of Client Agency (if different from issuing Agency) - Name of Contractor The Contractor shall be bound by the terms and conditions in the Contract and in Orders. Every effort shall be made to find the terms and conditions of an Order meaningful and in harmony with/as complementary to those of the Contract. In the event of a conflict between a term in an Order and in the Contract, the Contract shall control. Patent conflicts should be resolved during the RFQ/RFP process, else the risk inheres to the contractor. Only the PCO is authorized to modify any Contract terms and conditions. Any required change to an issued Order may only be made in writing by a duly warranted and delegated OCO with proper delegated authority.