Subpart 11.4
Delivery or Performance Schedules
FAR Subpart 11.4 ensures that delivery or performance schedules in government contracts are realistic, clearly defined, and supported by appropriate clauses to meet agency needs and prevent disputes.
Overview
FAR Subpart 11.4, "Delivery or Performance Schedules," provides guidance for establishing, managing, and enforcing delivery or performance schedules in government contracts. This subpart outlines the factors contracting officers must consider when setting schedules, the requirements for specifying delivery or performance periods for supplies and services, and the appropriate contract clauses to include. The goal is to ensure that schedules are realistic, achievable, and aligned with agency needs, while also considering contractor capabilities and market conditions. This subpart helps prevent schedule-related disputes and performance issues by requiring careful planning and clear communication of expectations in the contract.
Key Rules
- Establishing Schedules
- Contracting officers must set delivery or performance schedules that are realistic and meet agency requirements, considering all relevant factors.
- Factors to Consider
- Schedules should account for production lead times, market conditions, urgency, and contractor capabilities.
- Supplies or Services
- Contracts must clearly specify the required delivery or performance periods for all supplies or services.
- Contract Clauses
- Appropriate FAR clauses related to delivery or performance schedules must be included in solicitations and contracts.
Responsibilities
- Contracting Officers: Must analyze agency needs, market conditions, and contractor capabilities to set appropriate schedules and include the correct clauses.
- Contractors: Must review and comply with the specified delivery or performance schedules and related contract clauses.
- Agencies: Should provide oversight to ensure schedules are reasonable and enforced.
Practical Implications
- This subpart ensures that delivery and performance expectations are clear and achievable, reducing the risk of delays and disputes.
- Contractors must pay close attention to schedule requirements in solicitations and contracts to avoid noncompliance.
- Common issues include unrealistic schedules, failure to consider market realities, and omission of required clauses.