52.242-17
Government Delay of Work
Contractors must promptly notify and submit claims for government-caused delays to receive equitable adjustments, or risk forfeiting compensation.
Overview
FAR 52.242-17, Government Delay of Work, provides contractors with a mechanism to seek equitable adjustments when contract performance is delayed or interrupted due to specific actions or inactions by the Contracting Officer that are not authorized by the contract. The clause outlines the conditions under which contractors may claim increased costs (excluding profit) and schedule adjustments resulting from such government-caused delays. It also sets strict notification and claim submission requirements, including deadlines for notifying the Contracting Officer and for submitting claims. The clause excludes adjustments for delays caused by the contractor or other causes, or where other contract terms address the delay.
Key Rules
- Basis for Adjustment
- Contractors may seek an adjustment (excluding profit) for increased costs and schedule changes if delays are caused by unauthorized acts or failures to act by the Contracting Officer.
- Exclusions
- No adjustment is allowed for delays caused by the contractor, other causes, or where other contract terms provide or exclude such adjustments.
- Notification Requirement
- Contractors must notify the Contracting Officer in writing within 20 days of the act or failure to act causing the delay.
- Claim Submission Deadline
- Claims must be submitted in writing as soon as practicable after the delay ends, but no later than the day of final payment under the contract.
Responsibilities
- Contracting Officers: Respond to contractor notifications, evaluate claims, and modify contracts as appropriate.
- Contractors: Promptly notify the Contracting Officer of delays, submit timely and properly documented claims, and ensure delays are not due to their own fault.
- Agencies: Oversee compliance with notification and claim procedures.
Practical Implications
- This clause protects contractors from government-caused delays, but only if strict notification and claim procedures are followed.
- Missing deadlines or failing to document claims properly can result in lost compensation rights.
- Contractors should maintain detailed records of delays and communications with the Contracting Officer.