52.211-8 Time of Delivery.

As prescribed in 11.404(a)(2), insert the following clause:

Time of Delivery (June 1997)

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

Required Delivery Schedule

[Contracting Officer insert specific details]

Item No. Quantity Within Days After Date of Contract

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of

each quantity within the applicable delivery period specified above. Offers that propose delivery that

will not clearly fall within the applicable required delivery period specified above, will be considered

nonresponsive and rejected. The Government reserves the right to award under either the required

delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery

schedule than required above. If the offeror proposes no other delivery schedule, the required

delivery schedule above will apply.

Offeror’s Proposed Delivery Schedule

Item No. Quantity Within Days After Date of Contract

(b) 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. The Government will mail or otherwise furnish to the offeror an award or

notice of award not later than the day award is dated. Therefore, the offeror should 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.

However, the Government will evaluate an offer that proposes delivery based on the Contractor’s

date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the

award through the ordinary mails, or (2) one working day if the solicitation states that the contract

or notice of award will be transmitted electronically. (The term "working day" excludes weekends
and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required

delivery date, the offer will be considered nonresponsive and rejected.

(End of clause)

Alternate I (Apr 1984). 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 substitute

the following paragraph (b) for paragraph (b) of the basic clause. The time may be expressed by

substituting "on or before"; "during the months __________"; or "not sooner than __________ or later

than ___________" as headings for the third column of paragraph (a) the basic clause.

(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 should 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.

Alternate II (Apr 1984). 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 substitute the following paragraph

(b) The delivery dates or specific periods above are based on the assumption that the successful

offeror will receive notice of 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 Contractor receives notice of award; provided, that the Contractor promptly acknowledges

receipt of notice of award.

Alternate III (Apr 1984). If the delivery schedule is to be based on the actual date the contractor

receives a written notice of award, the contracting officer may delete paragraph (b) of the basic

clause. The time may be expressed by substituting "within days after the date of receipt of a written

notice of award" as the heading for the third column of paragraph (a) of the basic clause.

Parent topic: 52.211 [Reserved]