Government delay of work
FAR 42.1304 ensures that government-caused delays are settled administratively only when not otherwise covered, prohibits using the clause to justify work stoppages, and requires prompt action and thorough documentation by contracting officers.
Overview
FAR 42.1304 addresses the procedures and limitations related to the Government Delay of Work clause (FAR 52.242-17). This section clarifies that the clause is intended for administrative settlement of contractor claims resulting from delays or interruptions caused by the contracting officer's actions or inactions, but only when the contract does not otherwise provide for equitable adjustment (such as through a Changes clause). The clause does not grant authority to the contracting officer to order work suspensions or delays, and should not be used as justification for such actions. If an unordered delay occurs, the contracting officer must act promptly to resolve it. All negotiations and supporting data related to any adjustment under this clause must be documented and retained in the contract file.
Key Rules
- Applicability of Clause 52.242-17
- Use the clause only when the contract does not already provide for equitable adjustment due to delays or interruptions.
- No Authority to Order Delays
- The clause does not empower contracting officers to order suspensions, delays, or interruptions.
- Prompt Action on Unordered Delays
- Contracting officers must act quickly to end any unordered delays or interruptions covered by the clause.
- Documentation Requirements
- Maintain a complete record of all negotiations and supporting cost or pricing data related to adjustments under the clause.
Responsibilities
- Contracting Officers: Must not use the clause to justify suspensions or delays, must act promptly on unordered delays, and must document all negotiations and supporting data for adjustments.
- Contractors: Should understand when the clause applies and provide necessary data for claims.
- Agencies: Ensure oversight and proper documentation of all actions and settlements under this clause.
Practical Implications
This section ensures that delays caused by the government are handled fairly and administratively, but only when not otherwise covered by the contract. It prevents misuse of the clause to justify work stoppages and emphasizes the importance of prompt action and thorough documentation. Contractors should be aware of their rights and obligations under this clause and ensure all claims are properly supported and documented.