Overview
FAR 11.402 outlines the essential factors Contracting Officers must evaluate when determining realistic delivery or performance schedules for supplies, services, and construction contracts. The regulation ensures that contract timelines are based on market realities, administrative requirements, and contractor capabilities rather than arbitrary deadlines.
Key Rules
- Comprehensive Evaluation for Supplies/Services: For non-construction contracts, the Government must consider external market factors (industry practices, production/transportation time), internal administrative lead times (solicitation and award duration), and the time required for the Government to fulfill its own obligations (e.g., providing Government-furnished property).
- Small Business Inclusion: Schedules must specifically account for the capabilities of small business concerns to ensure they are not excluded by overly aggressive delivery requirements.
- Construction-Specific Variables: When scheduling construction, officials must consider project complexity, seasonal weather impacts, and the availability of specialized equipment or materials.
- Phased Completion (Construction): Contracts may establish separate completion dates for distinct portions of a project. If delays occur, the Government must evaluate requests for extensions specifically against the affected work item rather than the project as a whole.
- Conditions Precedent: Schedules must allow time for contractors to meet preliminary requirements, such as obtaining security clearances or insurance, before performance begins.
Practical Implications
- Defensibility of Schedules: These factors provide a framework for Contracting Officers to justify "urgent" requirements while ensuring that the resulting timelines do not inadvertently restrict competition or lead to performance failures.
- Risk Mitigation: By accounting for "Government obligations" and "administrative time," the regulation helps prevent claims for delays caused by the Government’s failure to provide necessary property or approvals in a timely manner.