47.305-11 Options in shipment and delivery
Source: FAR 47.305-11 on acquisition.gov
FAR 47.305-11 allows the Government to reserve specific options in solicitations for changing delivery destinations, shipment quantities, and transportation modes, ensuring flexibility in contract performance.
Overview
FAR 47.305-11 addresses the inclusion of options in government solicitations and contracts regarding shipment and delivery. While Subpart 43.2 allows for certain changes after award, this section emphasizes the importance of explicitly reserving specific shipment and delivery options in the solicitation itself. This enables the Government to direct deliveries to different destinations or consignees, require shipments in varying quantities (potentially affecting transportation rates), or mandate the use of different transportation modes than originally specified. Including these options up front provides flexibility for the Government to adapt to changing needs without renegotiating contract terms, and ensures contractors are aware of and prepared for these potential changes from the outset.
Key Rules
- Reservation of Shipment and Delivery Options
- Solicitations may include clauses that reserve the Government's right to alter delivery destinations, quantities, and transportation modes.
- Government's Right to Direct Changes
- The Government may direct deliveries to different locations or consignees, require shipment quantities that affect transportation rates, or specify alternative transportation modes.
Responsibilities
- Contracting Officers: Must consider and, if needed, include specific shipment and delivery options in solicitations and contracts.
- Contractors: Must be prepared to comply with changes in delivery destinations, shipment quantities, and transportation modes if such options are included in the contract.
- Agencies: Should ensure solicitations and contracts clearly state any reserved shipment and delivery options to avoid disputes.
Practical Implications
- This section exists to provide flexibility in contract performance for the Government.
- Contractors should carefully review solicitations for these options and factor potential changes into their pricing and logistics planning.
- Failure to include these options may limit the Government's ability to adapt delivery requirements post-award, potentially leading to contract modifications or disputes.
Although the clauses prescribed in subpart 43.2 allow certain changes to be made in regard to shipment and delivery, it may be desirable to provide specifically for certain options in the solicitation. The Government may reserve the right to-
(a) Direct deliveries of all or part of the contract quantity to destinations or to consignees other than those specified in the solicitation and in the contract;
(b) Direct shipments in quantities that may require transportation rates different from those on which the contract price is based; and
(c) Direct shipments by a mode of transportation other than that stipulated in the solicitation and in the contract.