52.211-10 Commencement, Prosecution, and Completion of Work
Source: FAR 52.211-10 on acquisition.gov
FAR 52.211-10 establishes strict requirements for starting, diligently prosecuting, and completing construction work within specified timeframes, making timely performance critical for contractors.
Overview
FAR 52.211-10, "Commencement, Prosecution, and Completion of Work," is a mandatory clause for fixed-price construction contracts. It requires contractors to begin work within a specified number of days after receiving the notice to proceed, diligently prosecute the work, and complete all work (including final cleanup) by a set deadline. The Contracting Officer must specify either a number of days or a calendar date for completion. Alternate I provides guidance for contracts where the completion date is tied to the date the notice to proceed is issued, allowing for adjustments if the notice is delayed (unless the delay is the contractor's fault). This clause ensures clear expectations for project timelines and accountability for timely performance in construction contracts.
Key Rules
- Commencement of Work
- Contractors must start work within a specified period after receiving the notice to proceed.
- Diligent Prosecution
- Contractors are required to diligently pursue the work to ensure timely completion.
- Completion Deadline
- All work, including final cleanup, must be finished by the date or within the period specified in the contract.
- Alternate I – Adjustment for Delayed Notice
- If the completion date is based on a specific calendar date, the contract may allow for extensions if the notice to proceed is delayed (unless the contractor is responsible for the delay).
Responsibilities
- Contracting Officers: Must insert the clause, specify commencement and completion dates, and use Alternate I when appropriate.
- Contractors: Must begin work on time, prosecute work diligently, and complete all work (including cleanup) by the specified deadline.
- Agencies: Ensure compliance with contract timelines and monitor contractor performance.
Practical Implications
- This clause sets clear, enforceable timelines for construction projects, reducing ambiguity and disputes.
- Contractors must closely track notice to proceed dates and manage schedules to avoid delays and potential penalties.
- Failure to comply can result in default, liquidated damages, or other contractual remedies.
As prescribed in 11.404(b), insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated. The clause may be changed to accommodate the issuance of orders under indefinite-delivery contracts for construction.
Commencement, Prosecution, and Completion of Work (Apr 1984)
The Contractor shall be required to (a) commence work under this contract within _________ [Contracting Officer insert number] calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than ______________.* The time stated for completion shall include final cleanup of the premises.
* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.
(End of clause)
Alternate I (Apr 1984). If the completion date is expressed as a specific calendar date, computed on the basis of the contractor receiving the notice to proceed by a certain day, add the following paragraph to the basic clause:
The completion date is based on the assumption that the successful offeror will receive the notice to proceed by _______________ [Contracting Officer insert date]. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.