GSAM

GSAM

Change Number: Change 154 GSAM Case 2022-G509
Effective Date: 07/26/2022

Subpart 511.4 - Delivery or Performance Schedules

511.401 General.

      (a)   Other than multiple award schedules. Preferred practice is to state time of delivery in solicitations and contracts as “required” time of delivery or shipment, expressed in specific periods from receipt by the contractor of a notice of award or an order.

      (b)   Multiple award schedules.

(1)  In multiple award schedule solicitations, preferred practice is to state delivery times as “desired.” Require offerors to indicate a definite number of days for delivery.

           (2)  In negotiations, the contracting officer should secure the best possible delivery time regardless of the “desired” delivery time(s) in the solicitation. For example, some offers comply with the Government’s desired delivery time, but others cite substantially shorter delivery times. In such cases, the contracting officer should negotiate with the former offerors to bring their offers in line with the latter. Contracting officers should negotiate variable delivery time offers (e.g., 30-90 days) to keep the timespan to a minimum. If the span applies to several items or several quantity breaks for one item, the contracting officer may segregate the items or item quantity breaks into smaller groups and assign more specific delivery times.

      (c)   Unusually short delivery times. A requisitioning office that requests an unusually short delivery time must provide satisfactory written justification. A sound justification is particularly important where the time specified is so short that it may limit competition and possibly result in higher prices. Examples of justifications include:

           (1)  Furniture is required to outfit quarters scheduled for occupancy on a specific date.

           (2)  Construction material is required to meet job progress schedules.

           (3)  Supplies are required at a port to meet scheduled ship departures.

      (d)   Early delivery. When the requisitioning office needs a portion of the total delivery early, the contracting officer should consider whether to—

           (1)  Require that portion by the early date and the balance later;

           (2)  Include the portion required early and the balance as separate items in the same solicitation; or

           (3)  Procure the two portions separately.

      (e)   Multiple delivery time requirements. If a solicitation contains a mix of items that require different delivery times, the contracting officer must specify the delivery periods separately. When practical, the contracting officer can group items with similar delivery time requirements according to delivery times in the solicitation.

511.404 Contract clauses.

      (a) Supplies or services.

(1) Shelf-life items. Insert the following clauses in solicitations and contracts that require delivery of shelf-life items within a specified timeframe from the date of manufacture or production:

                (i) The clause at 552.211-79, Acceptable Age of Supplies, if the required shelf-life period is 12 months or less, and lengthy acceptance testing may be involved. For items having a limited shelf-life and when required by the program director, use the clause with its Alternate I.

                (ii) The clause at 552.211-80, Age on Delivery, if the required shelf-life period is more than 12 months, or when source inspection can be performed within a short time period.

           (2) Stock replenishment contracts. Insert the clause at 552.211-81, Time of Shipment, in solicitations and contracts when a stock replenishment contract is contemplated that does not include the clause at 552.211-83 and requires shipment within 45 calendar days after receipt of the order. Use the clause with its Alternate I if shipment is required after 45 days of receipt of the order.

           (3) Indeterminate testing time. Insert the clause at 552.211-83, Availability for Inspection, Testing, and Shipment/Delivery, in solicitations and contracts that provide for source inspection by Government personnel and that require lengthy testing for which time frames cannot be determined in advance. Use the clause with its Alternate I if the contract is for stock items.

           (4) Stock program time of delivery. Insert the clause at 552.211-94, Time of Delivery, in solicitations and contracts for supplies for the Stock Program when neither the FAR clause at 52.211-8, or the FAR clause at 52.211-9 is suitable.

      (b) Construction. Insert the following clauses in solicitations and contracts when a fixed-price construction contract is contemplated:

           (1) The clause at 552.211-10, Commencement, Prosecution, and Completion of Work.

           (2) The clause at 552.211-70, Substantial Completion.