Time of Delivery
FAR 52.211-8 requires contractors to meet or exceed specified delivery schedules, with nonresponsive offers rejected if delivery does not clearly fall within the required period.
Overview
FAR 52.211-8, Time of Delivery, establishes the requirements for specifying and evaluating delivery schedules in government contracts. This clause requires the contracting officer to insert a detailed delivery schedule for each item in the solicitation, and mandates that offers must meet or exceed these delivery requirements to be considered responsive. The clause also allows offerors to propose earlier delivery schedules, which the Government may accept. The clause outlines how the Government will evaluate delivery dates, including adjustments for the method of award notification (mail or electronic). Alternate versions of the clause provide flexibility for delivery schedules based on assumed or actual dates of award or receipt of award notice.
Key Rules
- Required Delivery Schedule
- The contracting officer must specify delivery requirements for each item, and offers must meet these requirements to be considered responsive.
- Offeror’s Proposed Delivery Schedule
- Offerors may propose earlier delivery, but if no alternative is proposed, the required schedule applies.
- Evaluation of Delivery Dates
- The Government evaluates offers based on the specified delivery period, with adjustments for mail or electronic notification.
- Alternate Clauses
- Alternate I, II, and III provide options for delivery schedules based on assumed or actual award dates or receipt of notice.
Responsibilities
- Contracting Officers: Must clearly specify delivery schedules and select the appropriate clause or alternate.
- Contractors: Must propose delivery dates that meet or exceed requirements and understand how delivery timing is evaluated.
- Agencies: Must ensure fair evaluation and enforce compliance with delivery terms.
Practical Implications
- This clause ensures clarity and fairness in delivery expectations, reducing disputes over timing.
- Contractors must pay close attention to delivery schedule requirements and how their proposed schedules will be evaluated.
- Common pitfalls include misunderstanding when the delivery period begins, especially regarding receipt of award notice versus date of award.