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Federal Supply Schedules under which procurement is mandatory on the Department of Defense are listed in § 5.1023. The pertinent contracts provide that for a definite period the contractor is obligated to deliver all supplies or services that may be ordered thereunder by Government agencies, subject to the stated minimum and maximum order limitations.

§ 5.102-2 Exceptions to mandatory use.

(a) Delivery requirements. When the delivery period offered in the Federal Supply Schedule does not meet the delivery requirements of the purchasing activity, use of the Federal Supply Schedule is not mandatory. However, delivery dates shown in Federal Supply Schedules are based upon the average capability of the contractor and are usually conservative.

one contractor after considering the requirements of § 5.106.

(b) Similar items. When specific supplies or services listed in a Federal Supply Schedule will not meet a special requirement, use of the Schedule is not mandatory. When supplies or services having the same general characteristics and intended use are procured from other sources, a statement signed by an authorized official of the purchasing activity will be prepared, identifying the supplies or services purchased, and explaining why similar items listed in the applicable Federal Supply Schedule would not meet the specific requirements. The statement will be furnished to the General Services Administration office which issued the Schedule within 15 days after the date of purchase.

(c) Abnormal requirements. When the requirements of the purchasing activity are (1) less than the minimum order limitation or (2) in excess of the maximum order limitation provided in the applicable Federal Supply Schedule, use of the Schedule is not mandatory. However, where requirements for supplies or services exceed the maximum limitations of the applicable Schedule, but are within the DOD-GSA Interagency Purchase Assignments, those items will be procured through the GenServices Administration. (See § 5.1201-4 of this chapter.)

eral Contractors, in

most instances, are able to make delivery within a shorter period of time than the maximum provided in the Schedule. Therefore, when the delivery requirements of the purchasing activity are less than the maximum shown in the Schedule, the contractor should be queried as to whether the delivery requirements can be met. This procedure shall be followed except in those cases where transportation time from the contractor's shipping point, or time required for inquiry and reply, make conformance impracticable. In cases where multiple award schedules are involved, the purchasing activity need only query

§ 5.102-3 Applicability of listed Federal Supply Schedules.

Supplies and services covered by the Federal Supply Schedules listed herein are mandatory in whole or in part upon some element of the Department of Defense. Some of the Federal Supply Schedules listed include classes unrelated to the Federal Supply Group which identifies the Schedule. To aid in locating an item in the mandatory Schedules, the classes included in each Schedule have been listed. The Remarks column states exceptions to the

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mandatory provisions of the Schedule when applicable. The Schedules should be checked for complete detail concerning the exceptions.

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(b) Mandatory in Washington, D.C., and contiguous area.

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