FAR 52.211-9 Desired and Required Time of Delivery. Alt I (Apr 1984)

As prescribed in 11.404(a)(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.

Desired and Required Time of Delivery Alternate I (Apr 1984).

(a) The Government desires delivery to be made according to the following schedule:

 
Desired Delivery Schedule
[Contracting Officer insert specific details]
Item No. Quantity Within Days After Date of Contract

If the offeror is unable to meet the desired delivery schedule, it may, without prejudicing evaluation of its offer, propose a delivery schedule below. However, the offeror’s proposed delivery schedule must not extend the delivery period beyond the time for delivery in the Government’s required delivery schedule as follows:

 
Required Delivery Schedule
[Contracting Officer insert specific details]
Item No. Quantity Within Days After Date of Contract

Offers that propose delivery of a quantity under such terms or conditions that delivery will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. If the offeror proposes no other delivery schedule, the desired delivery schedule above will apply.

 
Offeror’s Proposed Delivery Schedule
[Contracting Officer insert specific details]
Item No. Quantity Within Days After Date of Contract

(b) The delivery dates or specific periods above are based on the assumption that the Government will make award by _________ [Contracting Officer insert date]. Each delivery date in the delivery schedule above will be extended by the number of calendar days after the above date that the contract is in fact awarded. Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror results in a binding contract. Therefore, the offeror shall compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails.

(End of clause)

Subcontractor ✖ Construction ✖ Architect-Eng ✖ (Applies If the delivery schedule is expressed in terms of specific calendar dates or specific periods and is based on an assumed date of award.);
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