Excusable Delays
FAR 52.249-14 protects contractors from default for delays beyond their control, provided they follow required procedures and communicate promptly with the Contracting Officer.
Overview
FAR 52.249-14, "Excusable Delays," outlines the circumstances under which a contractor is not considered in default for failing to perform contract requirements due to causes beyond their control and without their fault or negligence. This clause applies to cost-reimbursement, time-and-material, and labor-hour contracts for supplies, services, construction, and R&D. It provides examples of excusable causes (e.g., acts of God, government actions, natural disasters, epidemics, strikes, embargoes, and severe weather) and details the process for determining excusability, including subcontractor failures. The clause also establishes procedures for revising delivery schedules when excusable delays occur, subject to the Government's termination rights.
Key Rules
- Excusable Causes
- Contractors are not in default if failure to perform is due to specified causes beyond their control and without their fault or negligence.
- Subcontractor Delays
- Delays caused by subcontractors may be excusable if the cause was beyond both parties' control and the contractor followed the Contracting Officer's written instructions regarding alternate sources.
- Contracting Officer Determination
- Contractors may request the Contracting Officer to determine the facts and extent of the delay, which may result in a revised delivery schedule.
Responsibilities
- Contracting Officers: Must assess requests for excusable delays, determine facts, and revise schedules as appropriate.
- Contractors: Must document and promptly notify the Contracting Officer of excusable delays, comply with written orders regarding alternate sources, and request schedule adjustments as needed.
- Agencies: Oversee compliance and exercise termination rights if necessary.
Practical Implications
- This clause protects contractors from default for delays outside their control, provided they follow required procedures.
- Contractors must maintain thorough documentation and communication with the Contracting Officer to ensure excusable delays are recognized.
- Failure to comply with alternate sourcing instructions or to notify the Contracting Officer may result in loss of excusable delay protection.