Overview
This section prescribes the specific contract clauses Contracting Officers must use to establish delivery schedules for supplies and services or performance timelines for construction projects. It provides flexibility for the government to set firm requirements while allowing offerors to propose alternative schedules in certain scenarios.
Key Rules
- Supplies and Services (Non-Construction):
- FAR 52.211-8 (Time of Delivery): Used when the government requires delivery by a specific time. Alternates I, II, and III allow the schedule to be based on an assumed award date, an assumed notice of award date, or the actual receipt of the notice of award.
- FAR 52.211-9 (Desired and Required Time of Delivery): Used when the government has a "target" delivery date but will accept a later "required" date. It also uses Alternates I, II, and III to define the start of the delivery period.
- Construction:
- FAR 52.211-10 (Commencement, Prosecution, and Completion of Work): This clause is mandatory for fixed-price construction contracts to establish when work must begin and end.
- Notice to Proceed: Alternate I is used for construction when the completion date is based on the contractor receiving a formal notice to proceed by a specific date.
- Flexibility: For supplies and services, Contracting Officers may modify these clauses or write new ones to fit specific needs, whereas construction requirements are more prescriptive.
Practical Implications
- Calculation of Deadlines: Contractors must carefully review which "Alternate" version of a clause is used, as the "clock" for delivery may start at different times (e.g., the moment the contract is signed versus the moment the contractor physically receives the notice of award).
- Competitive Proposals: In supply/service solicitations, the use of these clauses often allows contractors to propose more realistic or accelerated delivery schedules, which can sometimes be evaluated as a technical advantage.