52.211-9 Desired and Required Time of

Delivery.

As prescribed in 11.404(a)(3), insert the following clause:

Desired and Required Time of Delivery (June 1997)

(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) 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 the award is dated. 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.

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) fivecalendar days for delivery of the

award through the ordinary mails, or (2) oneworking 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) of 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 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.

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 receives notice 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 "within days after the date of receipt of a written notice

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

(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 of the third column of paragraph (a) of the basic clause.

Parent topic: 52.211 [Reserved]