52.249-14 Excusable Delays
Source: FAR 52.249-14 on acquisition.gov
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.
As prescribed in 49.505(b), insert the following clause in solicitations and contracts for supplies, services, construction, and research and development on a fee basis whenever a cost-reimbursement contract is contemplated. Also insert the clause in time-and-material contracts, and labor-hour contracts. When used in construction contracts, substitute the words "completion time" for "delivery schedule" in the last sentence of the clause.
Excusable Delays (Apr 1984)
(a) Except for defaults of subcontractors at any tier, the Contractor shall not be in default because of any failure to perform this contract under its terms if the failure arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of these causes are (1) acts of God or of the public enemy, (2) acts of the Government in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and (9) unusually severe weather. In each instance, the failure to perform must be beyond the control and without the fault or negligence of the Contractor. "Default" includes failure to make progress in the work so as to endanger performance.
(b) If the failure to perform is caused by the failure of a subcontractor at any tier to perform or make progress, and if the cause of the failure was beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either, the Contractor shall not be deemed to be in default,- unless-
(1) The subcontracted supplies or services were obtainable from other sources;
(2) The Contracting Officer ordered the Contractor in writing to purchase these supplies or services from the other source; and
(3) The Contractor failed to comply reasonably with this order.
(c) Upon request of the Contractor, the Contracting Officer shall ascertain the facts and extent of the failure. If the Contracting Officer determines that any failure to perform results from one or more of the causes above, the delivery schedule shall be revised, subject to the rights of the Government under the termination clause of this contract.
(End of clause)