[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR11.401]



[Page 187]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 11_DESCRIBING AGENCY NEEDS--Table of Contents

 

             Subpart 11.4_Delivery or Performance Schedules

 

Sec. 11.401  General.



    Source: 48 FR 42159, Sept. 19, 1983, unless otherwise noted. 

Redesignated at 60 FR 48241, Sept. 18, 1995.





    (a) The time of delivery or performance is an essential contract 

element and shall be clearly stated in solicitations. Contracting 

officers shall ensure that delivery or performance schedules are 

realistic and meet the requirements of the acquisition. Schedules that 

are unnecessarily short or difficult to attain--

    (1) Tend to restrict competition,

    (2) Are inconsistent with small business policies, and

    (3) May result in higher contract prices.

    (b) Solicitations shall, except when clearly unnecessary, inform 

bidders or offerors of the basis on which their bids or proposals will 

be evaluated with respect to time of delivery or performance.

    (c) If timely delivery or performance is unusually important to the 

Government, liquidated damages clauses may be used (see subpart 11.5).



[48 FR 42159, Sept. 19, 1983. Redesignated and amended at 60 FR 48241, 

Sept. 18, 1995]