Overview
FAR 11.403 establishes the permissible methods for defining contract delivery or performance schedules and sets procedural requirements to ensure contractors receive the full time allotted for performance. It focuses on maintaining fairness by preventing the government from shortening performance windows through administrative delays in notifying the contractor of an award.
Key Rules
- Methods of Expression: Contracting officers may define schedules using specific calendar dates, fixed periods from the date of the contract, fixed periods from the date the contractor receives the notice of award, or timeframes following the issuance of individual orders (common in IDIQs and GSA schedules).
- Protection Against Government Delay: The performance period cannot be curtailed due to government delays in issuing a notice of award.
- Documentation and Transmittal:
- If the schedule is based on the contract date, the government must furnish the contract document to the contractor no later than that specific date.
- If the schedule is based on receipt of notice, the government must use a method that provides evidence of the date of receipt (e.g., certified mail or electronic tracking).
- Bid Evaluation Adjustment: When evaluating invitations for bids (IFBs), if a bidder offers a schedule based on "receipt of notice" but the IFB requires a schedule based on "date of contract," the contracting officer must add a buffer (5 calendar days for mail; 1 working day for electronic transmittal) to the bid's timeframe. If this adjusted date exceeds the required delivery date, the bid is rejected as nonresponsive.
Practical Implications
- Risk Mitigation: Contracting officers must strictly adhere to transmittal requirements (like certified mail or electronic receipt confirmation) to avoid legal disputes regarding exactly when a contractor’s performance obligations and "clock" began.
- Bidding Precision: Contractors responding to sealed bids must be wary of how they state their delivery terms; proposing delivery based on receipt rather than the contract date triggers an automatic evaluation penalty that could result in the disqualification of an otherwise competitive bid.