Overview
FAR 42.1305 prescribes the specific clauses that contracting officers must or may incorporate into solicitations and contracts to manage work interruptions, suspensions, and government-caused delays.
Key Rules
- Suspension of Work (52.242-14): This clause is mandatory for all fixed-price construction or architect-engineer contracts.
- Stop-Work Order (52.242-15):
- Use is optional at the contracting officer's discretion for negotiated contracts involving supplies, services, or research and development.
- If the contract is cost-reimbursement, the clause must be used with its Alternate I.
- Government Delay of Work (52.242-17):
- Mandatory for fixed-price contracts for non-commercial (or non-modified-commercial) supplies.
- Optional for fixed-price contracts for services or commercial/modified-commercial products.
Practical Implications
- Cost Recovery: These clauses provide the legal framework for contractors to claim adjustments in price or delivery schedules when the government unilaterally halts or delays performance.
- Administrative Precision: Contracting officers must carefully distinguish between contract types (e.g., construction vs. supplies) and payment structures (fixed-price vs. cost-reimbursement) to ensure the correct remedies and "Alternate" versions are legally enforceable.