Supplies or services
FAR 11.403 ensures delivery schedules are clearly defined, fairly evaluated, and that contractors are not penalized for government notification delays.
Overview
FAR 11.403 outlines the acceptable methods for expressing delivery or performance schedules in government contracts for supplies or services. It provides flexibility for contracting officers to specify delivery dates using calendar dates, periods from contract award or notice, or time after receipt of individual orders. The regulation also ensures that contractors are not penalized for government delays in notification and sets requirements for how and when contract documents must be sent to contractors, especially when delivery schedules are tied to receipt of award. Special evaluation rules apply to bids offering delivery based on receipt of award, including adding standard mailing or electronic transmittal times to the proposed schedule. This ensures fairness and clarity in delivery expectations and bid evaluations.
Key Rules
- Methods for Expressing Delivery Schedules
- Delivery or performance schedules may be stated as specific calendar dates, periods from contract award or notice, or time after receipt of individual orders.
- Protection Against Government Delays
- Contractors should not be disadvantaged if the government delays notification of award.
- Transmission of Contract Documents
- Contract documents must be sent to the contractor by the contract date if schedules are based on that date, or by a method that provides proof of receipt if based on notice of award.
- Bid Evaluation Adjustments
- For bids offering delivery based on receipt of award, standard mailing or electronic transmittal times must be added for evaluation; nonresponsive bids are rejected if delivery is later than required.
Responsibilities
- Contracting Officers: Must specify delivery schedules clearly, ensure timely and documented transmission of contract documents, and evaluate bids according to prescribed rules.
- Contractors: Must understand how delivery schedules are calculated and ensure their bids comply with solicitation requirements.
- Agencies: Must oversee compliance with notification and evaluation procedures.
Practical Implications
- This section ensures clarity and fairness in delivery expectations and bid evaluations, reducing disputes over delivery timing. Contractors must pay close attention to how delivery schedules are defined and evaluated, especially in competitive bidding situations. Failure to comply with these requirements can result in bid rejection or performance issues.