11.404
Contract clauses
FAR 11.404 requires contracting officers to use specific clauses to clearly define delivery or performance schedules, ensuring both parties understand and can enforce contract timelines.
Overview
FAR 11.404 outlines the requirements for including specific contract clauses related to delivery or performance schedules in federal solicitations and contracts. It provides guidance to contracting officers on when and how to use standard clauses (and their alternates) to establish delivery timelines for supplies, services, and construction projects. The section ensures that delivery expectations are clearly communicated and contractually enforceable, reducing ambiguity and supporting timely contract performance.
Key Rules
- Time of Delivery Clauses for Supplies or Services
- Contracting officers may use time of delivery clauses to specify required delivery schedules and allow offerors to propose alternatives. Clauses can be tailored or newly written as needed.
- Use of FAR 52.211-8 (Time of Delivery)
- Insert this clause when the government requires delivery by a specific time, with alternates available depending on how the delivery schedule is determined (contract date, assumed award date, or notice of award).
- Use of FAR 52.211-9 (Desired and Required Time of Delivery)
- Use this clause when the government desires but does not require delivery by a certain time, with alternates based on how the delivery schedule is set.
- Construction Contracts (FAR 52.211-10)
- For fixed-price construction contracts, include the Commencement, Prosecution, and Completion of Work clause, with an alternate if the completion date is based on the notice to proceed.
Responsibilities
- Contracting Officers: Must select and insert appropriate delivery or performance schedule clauses and alternates in solicitations and contracts based on the type of contract and delivery requirements.
- Contractors: Must review and comply with the specified delivery or performance schedules and understand the implications of the clauses included in their contracts.
- Agencies: Ensure oversight and consistency in the application of delivery and performance schedule clauses.
Practical Implications
- This section ensures that delivery expectations are clear and enforceable, reducing disputes and delays.
- Contractors must pay close attention to the delivery clauses and any alternates used, as these affect their obligations and risk.
- Common pitfalls include misunderstanding which alternate applies or failing to meet the specified delivery schedule, which can lead to contractual remedies or penalties.