[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: 48CFR11.403]



[Page 188]

 

            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. 11.403  Supplies or services.



    (a) The contracting officer may express contract delivery or 

performance schedules in terms of--

    (1) Specific calendar dates;

    (2) Specific periods from the date of the contract; i.e., from the 

date of award or acceptance by the Government, or from the date shown as 

the effective date of the contract;

    (3) Specific periods from the date of receipt by the contractor of 

the notice of award or acceptance by the Government (including notice by 

receipt of contract document executed by the Government); or

    (4) Specific time for delivery after receipt by the contractor of 

each individual order issued under the contract, as in indefinite 

delivery type contracts and GSA schedules.

    (b) The time specified for contract performance should not be 

curtailed to the prejudice of the contractor because of delay by the 

Government in giving notice of award.

    (c) If the delivery schedule is based on the date of the contract, 

the contracting officer shall mail or otherwise furnish to the 

contractor the contract, notice of award, acceptance of proposal, or 

other contract document not later than the date of the contract.

    (d) If the delivery schedule is based on the date the contractor 

receives the notice of award, or if the delivery schedule is expressed 

in terms of specific calendar dates on the assumption that the notice of 

award will be received by a specified date, the contracting officer 

shall send the contract, notice of award, acceptance of proposal, or 

other contract document by certified mail, return receipt requested, or 

by any other method that will provide evidence of the date of receipt.

    (e) In invitations for bids, if the delivery schedule is based on 

the date of the contract, and a bid offers delivery based on the date 

the contractor receives the contract or notice of award, the contracting 

officer shall evaluate the bid by adding 5 calendar days (as 

representing the normal time for arrival through ordinary mail). If the 

contract or notice of award will be transmitted electronically, (1) the 

solicitation shall so state; and (2) the contracting officer shall 

evaluate delivery schedule based on the date of contract receipt or 

notice of award, by adding one working day. (The term ``working day'' 

excludes weekends and U.S. Federal holidays.) If the offered delivery 

date computed with mailing or transmittal time is later than the 

delivery date required by the invitation for bids, the bid shall be 

considered nonresponsive and rejected. If award is made, the delivery 

date will be the number of days offered in the bid after the contractor 

actually receives the notice of award.