42.1305
Contract clauses
Contracting officers must include specific clauses addressing work suspension, stop-work orders, and government delays based on contract type to ensure proper risk management and compliance.
Overview
FAR 42.1305 prescribes the use of specific contract clauses related to suspension of work, stop-work orders, and government delay of work. It directs contracting officers on when to include these clauses in solicitations and contracts, depending on contract type and subject matter. The section ensures that contracts contain appropriate provisions to address potential work stoppages or delays, protecting both government and contractor interests.
Key Rules
- Suspension of Work Clause (52.242-14)
- Must be included in all fixed-price construction or architect-engineer contracts.
- Stop-Work Order Clause (52.242-15)
- May be included in negotiated contracts for supplies, services, or R&D. Required with Alternate I for cost-reimbursement contracts.
- Government Delay of Work Clause (52.242-17)
- Must be included in fixed-price contracts for non-commercial supplies. Optional for fixed-price service contracts or contracts for commercial/modified-commercial supplies.
Responsibilities
- Contracting Officers: Ensure the correct clauses are inserted based on contract type and subject.
- Contractors: Review and comply with the clauses included in their contracts.
- Agencies: Oversee proper clause usage and ensure compliance with FAR requirements.
Practical Implications
- These requirements help manage risks associated with work stoppages or delays.
- Proper clause inclusion is critical for contract administration and dispute resolution.
- Omitting required clauses can lead to compliance issues or disputes over compensation and schedule impacts.