FAR 11.403—Supplies or services.
Plain-English Summary
FAR 11.403 explains how contracting officers may state delivery or performance schedules for supplies or services and how those schedules are measured in practice. It covers four acceptable ways to express time: by specific calendar dates, by a period from the date of contract award or contract effectiveness, by a period from the contractor’s receipt of the notice of award or contract document, or by a period from receipt of each individual order under an indefinite-delivery contract or GSA schedule. The section also protects contractors from having their performance time unfairly shortened because the Government delays sending the award notice. In addition, it sets mailing and proof-of-receipt requirements when the schedule depends on receipt of the award notice, and it gives special bid-evaluation rules for invitations for bids when delivery is tied to receipt rather than the contract date. In practice, this section matters because the way the schedule is written affects when performance starts, how bids are evaluated, whether a bid is responsive, and whether the Government can enforce the stated delivery date.
Key Rules
Four acceptable schedule formats
The contracting officer may express delivery or performance schedules using specific calendar dates, periods from the contract date, periods from the contractor’s receipt of the award notice or contract document, or periods from receipt of each order under an indefinite-delivery contract or GSA schedule. The chosen format determines the event that starts the clock for performance.
No prejudice from Government delay
The Government may not shorten the contractor’s performance time because it took too long to send the award notice. If the schedule is tied to the contract date, the notice or contract document must be furnished by that date so the contractor is not disadvantaged.
Proof of receipt when timing depends on notice
If the schedule runs from the contractor’s receipt of the award notice, or if calendar dates assume receipt by a certain date, the contracting officer must use a method that provides evidence of receipt, such as certified mail with return receipt requested or another verifiable method.
IFB bid evaluation adjustment
For sealed bidding, if the solicitation uses a contract-date schedule but a bid proposes delivery based on receipt of the contract or award notice, the contracting officer must add 5 calendar days for ordinary mail, or 1 working day if electronic transmission is stated in the solicitation, to evaluate the bid’s actual delivery date.
Nonresponsive bids rejected
If the evaluated delivery date, after adding mailing or transmittal time, is later than the delivery date required by the invitation for bids, the bid is nonresponsive and must be rejected. If award is made, the actual contract delivery date is measured from the contractor’s actual receipt of the notice of award.
Responsibilities
Contracting Officer
Select an allowable way to state the delivery or performance schedule, ensure the contractor is not prejudiced by Government delay, send the contract or award notice on time, use a receipt-verifiable method when required, and apply the correct bid-evaluation adjustment in sealed bidding.
Contractor
Track the event that starts the performance period—contract date, receipt of award notice, or receipt of each order—and perform by the resulting deadline. In sealed bidding, understand that a proposed receipt-based delivery schedule may be evaluated with added mailing or transmittal time.
Agency
Ensure procurement practices support timely issuance and documented transmission of award notices and contract documents, especially where performance periods depend on receipt or where electronic transmission is used.
Bid Evaluators
For invitations for bids, calculate the evaluated delivery date correctly by adding the required mailing or electronic-transmittal time and reject bids that become late after evaluation.
Practical Implications
The wording of the schedule can change the actual start date for performance, so small drafting differences can have major timing consequences.
If the Government delays sending the award notice, it cannot use that delay to cut into the contractor’s performance time.
When the schedule depends on receipt, the file should show proof of when the contractor actually received the notice or contract document.
In sealed bidding, a bid that looks acceptable on its face may still be nonresponsive after the required mailing-time adjustment.
For indefinite-delivery contracts and GSA schedules, each order can start its own delivery clock, so contractors must track order-by-order deadlines rather than only the base contract date.
Official Regulatory Text
(a) The contracting officer may express contract delivery or performance schedules in terms of- (1) Specific calendar dates; (2) Specific periods from the date of the contract; i.e., from the date of award or acceptance by the Government, or from the date shown as the effective date of the contract; (3) Specific periods from the date of receipt by the contractor of the notice of award or acceptance by the Government (including notice by receipt of contract document executed by the Government); or (4) Specific time for delivery after receipt by the contractor of each individual order issued under the contract, as in indefinite delivery type contracts and GSA schedules. (b) The time specified for contract performance should not be curtailed to the prejudice of the contractor because of delay by the Government in giving notice of award. (c) If the delivery schedule is based on the date of the contract, the contracting officer shall mail or otherwise furnish to the contractor the contract, notice of award, acceptance of proposal, or other contract document not later than the date of the contract. (d) If the delivery schedule is based on the date the contractor receives the notice of award, or if the delivery schedule is expressed in terms of specific calendar dates on the assumption that the notice of award will be received by a specified date, the contracting officer shall send the contract, notice of award, acceptance of proposal, or other contract document by certified mail, return receipt requested, or by any other method that will provide evidence of the date of receipt. (e) In invitations for bids, if the delivery schedule is based on the date of the contract, and a bid offers delivery based on the date the contractor receives the contract or notice of award, the contracting officer shall evaluate the bid by adding 5 calendar days (as representing the normal time for arrival through ordinary mail). If the contract or notice of award will be transmitted electronically, (1) the solicitation shall so state; and (2) the contracting officer shall evaluate delivery schedule based on the date of contract receipt or notice of award, by adding oneworking day. (The term "working day" excludes weekends and U.S. Federal holidays.) If the offered delivery date computed with mailing or transmittal time is later than the delivery date required by the invitation for bids, the bid shall be considered nonresponsive and rejected. If award is made, the delivery date will be the number of days offered in the bid after the contractor actually receives the notice of award.