FAR 11.402—Factors to consider in establishing schedules.
Plain-English Summary
FAR 11.402 explains what contracting officers must think about when setting delivery, performance, or completion schedules in federal contracts. It covers schedules for supplies and services, as well as construction contracts, and identifies the specific factors that should be weighed in each context. For supplies and services, the section addresses urgency of need, industry practices, market conditions, transportation time, production time, small business capabilities, administrative time to obtain and evaluate offers and award the contract, time for contractors to satisfy conditions precedent to performance, and time for the Government to meet its own obligations such as furnishing Government property. For construction, it addresses the nature and complexity of the project, construction seasons, required completion date, availability of materials and equipment, contractor capacity, and the use of multiple completion dates. In practice, this section is meant to help the Government set realistic, supportable schedules that reflect actual performance conditions rather than arbitrary dates, reducing schedule risk, disputes, and avoidable delays.
Key Rules
Consider all relevant schedule factors
When establishing a delivery, performance, or completion schedule, the contracting officer must consider the applicable factors listed in the regulation. The list is not merely advisory; it is the framework for building a schedule that is reasonable and defensible.
Account for supply and service realities
For supplies and services, the schedule should reflect urgency, industry norms, market conditions, transportation and production lead times, small business capabilities, administrative lead time, contractor prerequisites, and the Government’s own performance obligations. Ignoring any of these can make the schedule unrealistic or unfair.
Account for construction-specific conditions
For construction, the schedule must reflect the project’s complexity, seasonal constraints, required completion date, material and equipment availability, contractor capacity, and whether multiple completion dates are appropriate. These factors help align the schedule with actual site and performance conditions.
Use multiple completion dates when appropriate
Separate completion dates may be established for separable items of work in a construction contract. If used, each item must be treated independently for extension-of-time requests, and only the affected completion dates should be modified when justified.
Evaluate Government-caused timing impacts
The Government must allow time for its own actions that affect performance, such as furnishing Government property or otherwise meeting contract obligations. A schedule that assumes immediate Government action without realistic lead time can create avoidable contractor delay and claims.
Consider small business capability
For supplies and services, the contracting officer should consider the capabilities of small business concerns. This helps ensure the schedule does not unnecessarily exclude or disadvantage small businesses by imposing lead times they cannot reasonably meet.
Responsibilities
Contracting Officer
Identify and weigh the applicable scheduling factors before setting delivery, performance, or completion dates; ensure the schedule is realistic, supportable, and aligned with market, production, transportation, and Government lead times; and, for construction, consider whether multiple completion dates are appropriate and evaluate extension requests item by item when they are used.
Contractor
Plan performance around the established schedule, including any conditions precedent to performance, production and transportation lead times, and any Government-furnished inputs or actions that affect the work; in construction, manage work to the applicable completion dates and request time extensions with respect to the specific affected item when multiple completion dates apply.
Agency / Government
Provide timely support needed for contract performance, including any Government obligations such as furnishing Government property or other required inputs, so the schedule established by the contracting officer remains achievable.
Small Business Concerns
Provide the contracting officer with realistic information about capability, capacity, and lead times when relevant, so the Government can consider small business performance capability in setting schedules.
Practical Implications
Schedules should be built from actual lead times and performance conditions, not from desired dates alone. A rushed schedule can reduce competition, increase pricing, and create performance problems.
For supplies and services, administrative lead time is often overlooked. Time to draft the solicitation, receive offers, evaluate them, and make award can be significant and should be built into the acquisition plan.
For construction, seasonal weather and material availability can drive the critical path. A completion date that ignores winter conditions, long-lead materials, or equipment shortages is likely to cause delays and change requests.
If the Government must furnish property or complete other actions before performance can begin, that time must be included in the schedule. Failure to do so can shift avoidable delay risk to the contractor and lead to disputes.
When multiple completion dates are used, extension requests must be analyzed separately for each separable item of work. A blanket extension without item-specific analysis can result in incorrect schedule relief or improper denial of time extensions.
Official Regulatory Text
(a) Supplies or services. When establishing a contract delivery or performance schedule, consideration shall be given to applicable factors such as the- (1) Urgency of need; (2) Industry practices; (3) Market conditions; (4) Transportation time; (5) Production time; (6) Capabilities of small business concerns; (7) Administrative time for obtaining and evaluating offers and for awarding contracts; (8) Time for contractors to comply with any conditions precedent to contract performance; and (9) Time for the Government to perform its obligations under the contract; e.g., furnishing Government property. (b) Construction . When scheduling the time for completion of a construction contract, the contracting officer shall consider applicable factors such as the- (1) Nature and complexity of the project; (2) Construction seasons involved; (3) Required completion date; (4) Availability of materials and equipment; (5) Capacity of the contractor to perform; and (6) Use of multiple completion dates. (In any given contract, separate completion dates may be established for separable items of work. When multiple completion dates are used, requests for extension of time must be evaluated with respect to each item, and the affected completion dates modified when appropriate.)