11.403 Supplies or services
Source: FAR 11.403 on acquisition.gov
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.
(a) The contracting officer may express contract delivery or performance schedules in terms of-
(1) Specific calendar dates;
(2) Specific periods from the date of the contract; i.e., from the date of award or acceptance by the Government, or from the date shown as the effective date of the contract;
(3) Specific periods from the date of receipt by the contractor of the notice of award or acceptance by the Government (including notice by receipt of contract document executed by the Government); or
(4) Specific time for delivery after receipt by the contractor of each individual order issued under the contract, as in indefinite delivery type contracts and GSA schedules.
(b) The time specified for contract performance should not be curtailed to the prejudice of the contractor because of delay by the Government in giving notice of award.
(c) If the delivery schedule is based on the date of the contract, the contracting officer shall mail or otherwise furnish to the contractor the contract, notice of award, acceptance of proposal, or other contract document not later than the date of the contract.
(d) If the delivery schedule is based on the date the contractor receives the notice of award, or if the delivery schedule is expressed in terms of specific calendar dates on the assumption that the notice of award will be received by a specified date, the contracting officer shall send the contract, notice of award, acceptance of proposal, or other contract document by certified mail, return receipt requested, or by any other method that will provide evidence of the date of receipt.
(e) In invitations for bids, if the delivery schedule is based on the date of the contract, and a bid offers delivery based on the date the contractor receives the contract or notice of award, the contracting officer shall evaluate the bid by adding 5 calendar days (as representing the normal time for arrival through ordinary mail). If the contract or notice of award will be transmitted electronically, (1) the solicitation shall so state; and (2) the contracting officer shall evaluate delivery schedule based on the date of contract receipt or notice of award, by adding oneworking day. (The term "working day" excludes weekends and U.S. Federal holidays.) If the offered delivery date computed with mailing or transmittal time is later than the delivery date required by the invitation for bids, the bid shall be considered nonresponsive and rejected. If award is made, the delivery date will be the number of days offered in the bid after the contractor actually receives the notice of award.