[Code of Federal Regulations]

[Title 48, Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 48CFR352.249-14]



[Page 78-79]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                  CHAPTER 3--HEALTH AND HUMAN SERVICES

 

PART 352_SOLICITATION PROVISIONS AND CONTRACT CLAUSES--Table of Contents

 

              Subpart 352.2_Texts of Provisions and Clauses

 

Sec. 352.249-14  Excusable delays.



    Insert the following clause in all solicitations and resultant 

contracts other than purchase orders which do not have either a default 

or excusable delays clause, as prescribed in 342.7003-1(a):



[[Page 79]]



                       Excusable Delays (APR 1984)



    (a) Except with respect to failures of subcontractors, the 

Contractor shall not be considered to have failed in performance of this 

contract if such failure arises out of causes beyond the control and 

without the fault or negligence of the Contractor.

    (b) Such causes may include, but are not restricted to, acts of God 

or of the public enemy, acts of the Government in either its sovereign 

or contractual capacity, fires, floods, epidemics, quarantine 

restrictions, strikes, freight embargoes, and unusually severe weather, 

but in every case the failure to perform must be beyond the control and 

without the fault or negligence of the Contractor. If the failure to 

perform is caused by the failure of a subcontractor to perform, and if 

such failure arises out of causes beyond the control of both the 

Contractor and subcontractor, and without the fault or negligence of 

either of them, the Contractor shall not be deemed to have failed in 

performance of the contract, unless: the supplies or services to be 

furnished by the subcontractor were obtainable from other sources, the 

Contracting Officer shall have ordered the Contractor in writing to 

procure such supplies or services from such other sources, and the 

Contractor shall have failed to comply reasonably with such order. Upon 

request of the Contractor, the Contracting officer shall ascertain the 

facts and extent of such failure and, if he/she shall determine that any 

failure to perform was occasioned by any one or more of the said causes, 

the delivery schedule shall be revised accordingly, subject to the 

rights of the Government under the termination clause hereof. (As used 

in this clause, the terms ``subcontractor'' and ``subcontractors'' mean 

subcontractor(s) at any tier.)



                             (End of clause)