[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: 48CFR11.404]



[Page 188-189]

 

            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. 11.404  Contract clauses.



    (a) Supplies or services. (1) The contracting officer may use a time 

of delivery clause to set forth a required delivery schedule and to 

allow an offeror to propose an alternative delivery schedule. The 

clauses and their alternates may be used in solicitations and contracts 

for other than construction and architect-engineering substantially as 

shown, or they may be changed or new clauses written.

    (2) The contracting officer may insert in solicitations and 

contracts other than those for construction and architect-engineering, a 

clause substantially the same as the clause at 52.211-8, Time of 

Delivery, if the Government requires delivery by a particular time and 

the delivery schedule is to be based on the date of the contract. If the 

delivery schedule is expressed in terms of specific calendar dates or 

specific periods and is based on an assumed date of award, the 

contracting officer may use the clause with its Alternate I. If the 

delivery schedule is expressed in terms of specific calendar dates or 

specific periods and is based on an assumed date



[[Page 189]]



the contractor will receive notice of award, the contracting officer may 

use the clause with its Alternate II. If the delivery schedule is to be 

based on the actual date the contractor receives a written notice of 

award, the contracting officer may use the clause with its Alternate 

III.

    (3) The contracting officer may insert in solicitations and 

contracts other than those for construction and architect-engineering, a 

clause substantially the same as the clause at 52.211-9, Desired and 

Required Time of Delivery, if the Government desires delivery by a 

certain time but requires delivery by a specified later time, and the 

delivery schedule is to be based on the date of the contract. If the 

delivery schedule is expressed in terms of specific calendar dates or 

specific periods and is based on an assumed date of award, the 

contracting officer may use the clause with its Alternate I. If the 

delivery schedule is expressed in terms of specific calendar dates or 

specific periods and is based on an assumed date the contractor will 

receive notice of award, the contracting officer may use the clause with 

its Alternate II. If the delivery schedule is to be based on the actual 

date the contractor receives a written notice of award, the contracting 

officer may use the clause with its Alternate III.

    (b) Construction. The contracting officer shall insert the clause at 

52.211-10, Commencement, Prosecution, and Completion of Work, in 

solicitations and contracts when a fixed-price construction contract is 

contemplated. The clause may be changed to accommodate the issuance of 

orders under indefinite-delivery contracts. If the completion date is 

expressed as a specific calendar date, computed on the basis of the 

contractor receiving the notice to proceed by a certain day, the 

contracting officer may use the clause with its Alternate I.



[48 FR 42159, Sept. 19, 1983, as amended at 56 FR 41732, Aug. 22, 1991. 

Redesignated and amended at 60 FR 48241, Sept. 18, 1995]