[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR210.3]

[Page 157]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY
 
PART 210--PROCUREMENT ACTIVITIES OF THE CORPS OF ENGINEERS--Table of Contents
 
Sec. 210.3  Notice to proceed.

    (a) General. When the contract specifies the time when the 
contractor is to proceed with the work under the contract, a notice to 
proceed will not be required. However, in any case where the contract 
requires the issuance of a notice to proceed the notice will fix the 
time for the commencement of the work and also, if appropriate, will fix 
the time for the completion of the work. The notice to proceed should be 
issued on a form letter, reproduced on local letterhead paper from a 
master copy, which will preclude repetitive typing of stereotype data. 
The notice to proceed will be executed in a sufficient number of copies 
to meet the contract distribution requirements in paragraph 30-206, 
Engineer Contract Instructions (ER 1180-1-1), and will bear the contract 
number in the upper right-hand corner of the notice.
    (b) Contractor's acknowledgment. When a notice to proceed is issued, 
the contractor will acknowledge receipt thereof by signing and dating 
all copies of the acknowledgment and returning all but one copy to the 
contracting officer.
    (c) Proceeding before approval of bonds. It is not necessary to 
delay commencement under the contract pending approval of bonds by The 
Judge Advocate General. Such action will be at the discretion of the 
contracting officer. In the event exceptions are taken to the bonds the 
contractor will immediately take steps to remove such exceptions or 
submit new bonds.
    (d) Commencing performance. Contractors in no case will be required 
to commence performance prior to the commencement date fixed in the 
contract or in the notice to proceed. If they voluntarily do so and the 
contract is not ultimately signed, or approved when required, such 
action is at their own risk and without liability on the part of the 
Government. Contractors will not be required to commence performance 
until:
    (1) Performance and payment bonds have been furnished, when 
required;
    (2) The award has been approved when approval is required; and
    (3) Notice to proceed has been forwarded to the contractor where 
required.

[26 FR 11732, Dec. 7, 1961]