Overview
This section outlines the application of the "Government Delay of Work" clause, which facilitates the administrative settlement of contractor claims resulting from delays or interruptions caused by a Contracting Officer’s actions or omissions. It serves as a remedy for delays not otherwise covered by specific equitable adjustment provisions, such as the Changes clause.
Key Rules
- Applicability: The clause (52.242-17) is used for claims arising from government-caused delays, provided no other contract clause already offers a specific equitable adjustment for that delay.
- No Directive Authority: This clause does not grant the Contracting Officer the authority to formally order a suspension or delay; it is a compensatory mechanism, not a tool for project management.
- Requirement to Mitigate: Upon becoming aware of an unordered delay, the Contracting Officer is mandated to act as soon as practicable to end the delay or mitigate its impact.
- Documentation Standards: The government must maintain a complete record of all negotiations, including certified cost or pricing data (or other relevant data) used to justify any adjustments made under this clause.
Practical Implications
- This clause acts as a "catch-all" for constructive delays where the government hinders progress without issuing a formal Stop-Work order.
- Contractors must distinguish between different types of delays, as they cannot use this clause if a more specific remedy (like the Changes or Suspension of Work clauses) is applicable to the situation.