Desired and Required Time of Delivery
Contractors must propose delivery schedules that do not exceed the government's required delivery period, or risk their offers being rejected as nonresponsive.
Overview
FAR 52.211-9, "Desired and Required Time of Delivery," establishes how the government communicates its preferred and mandatory delivery schedules in solicitations and contracts. The clause allows the government to specify both a desired and a required delivery schedule for contract items, and permits offerors to propose alternative delivery schedules as long as they do not exceed the required timeframe. Offers that do not meet the required delivery schedule are deemed nonresponsive and rejected. The clause also clarifies how delivery periods are calculated based on the actual date of contract award or notice of award, including adjustments for mail or electronic transmission. Several alternates provide flexibility for different methods of expressing delivery schedules, such as specific calendar dates or periods based on assumed award or notice dates.
Key Rules
- Desired vs. Required Delivery Schedules
- The government may specify both a desired and a required delivery schedule. Offerors can propose alternative schedules, but must not exceed the required delivery period.
- Nonresponsive Offers
- Offers proposing delivery outside the required period are considered nonresponsive and will be rejected.
- Computation of Delivery Period
- Delivery periods are calculated from the actual date of award, not the date the contractor receives notice. Adjustments are made for mail or electronic transmission.
- Alternate Clauses
- Alternates I, II, and III provide options for expressing delivery schedules based on calendar dates, assumed award dates, or actual receipt of award notice.
Responsibilities
- Contracting Officers: Must specify desired and required delivery schedules and select the appropriate clause or alternate. Ensure evaluation and award procedures align with delivery requirements.
- Contractors/Offerors: Must propose delivery schedules that meet or beat the required delivery period and understand how delivery time is calculated. Must promptly acknowledge receipt of award when required.
- Agencies: Ensure compliance with delivery requirements and proper clause usage.
Practical Implications
- This clause ensures clarity and enforceability of delivery timelines, reducing disputes over delivery obligations. Contractors must pay close attention to delivery schedule requirements and calculation methods to avoid nonresponsive offers. Misunderstanding the start date for delivery calculations is a common pitfall.