[Code of Federal Regulations]

[Title 33, Volume 3]

[Revised as of July 1, 2006]

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

[CITE: 33CFR210.3]



[Page 166]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 

                                 DEFENSE

 

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]