Low RiskFARGeneral

52.211-9Desired and Required Time of Delivery.

Researched by the BidStride Research Team

What This Clause Requires

FAR 52.211-9 — Desired and Required Time of Delivery.. This clause is part of the Federal Acquisition Regulation and may be included in government contracts as a solicitation provision or contract clause.

Official Regulation Text

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 (JUN 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 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

Source: eCFR, 48 CFR 52.211-9 (https://www.ecfr.gov/current/title-48/section-52.211-9)

Compliance Checklist

  • 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 (JUN 1997) (a) The Government desires delivery to be made according to the following schedule: DESIRED DELIVERY SCHEDULE [Contracting Officer insert specific details] ITEM NO.
  • 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.
  • 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.
  • 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.

Flow-Down to Subcontractors

No flow-down required

This clause applies only to the prime contract and does not need to be flowed down to subcontractors.

Frequently Asked Questions

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This summary is for informational purposes only and reflects the BidStride Research Team's plain-English interpretation of the regulation. It is not legal advice and does not constitute an attorney-client relationship. Always consult the official Federal Acquisition Regulation (FAR) or Defense Federal Acquisition Regulation Supplement (DFARS) text and qualified legal counsel for compliance decisions.