FAR 11.404—Contract clauses.
Plain-English Summary
FAR 11.404 explains which contract clauses contracting officers may or must use to establish delivery and completion schedules, and how those clauses change depending on how the schedule is measured. It covers time-of-delivery clauses for supplies and services, including the basic clause at 52.211-8, Time of Delivery, and the related clause at 52.211-9, Desired and Required Time of Delivery, along with their alternates for schedules based on the contract date, an assumed award date, an assumed notice-of-award date, or the actual date the contractor receives written notice of award. It also covers the construction clause at 52.211-10, Commencement, Prosecution, and Completion of Work, which is required for fixed-price construction contracts and may be adjusted for indefinite-delivery ordering arrangements. In practice, this section tells the contracting officer how to align the clause language with the way the Government wants to measure performance time, so the solicitation and contract create a clear, enforceable schedule. The section matters because the wrong clause or wrong alternate can create ambiguity about when performance starts, when delivery is due, and whether a contractor is late. For contractors, it signals that delivery or completion obligations may be tied to award, notice of award, notice to proceed, or a specific calendar date, and that the exact clause text controls how those dates are calculated.
Key Rules
Use time-of-delivery clauses
For supplies and services other than construction and architect-engineering, the contracting officer may use a time-of-delivery clause to state the required delivery schedule and allow the offeror to propose an alternative schedule. The clause may be used substantially as written, changed, or replaced with a new clause if needed.
Choose the right delivery trigger
The clause at 52.211-8 may be used when the Government requires delivery by a particular time and the schedule is based on the contract date. The alternates are selected based on whether the schedule uses an assumed award date, an assumed notice-of-award date, or the actual date the contractor receives written notice of award.
Use desired-and-required delivery terms
The clause at 52.211-9 may be used when the Government wants delivery by an earlier desired time but requires delivery by a later required time. As with 52.211-8, the contracting officer must match the alternate to the date basis used in the schedule.
Construction uses a different clause
For fixed-price construction contracts, the contracting officer shall insert 52.211-10, Commencement, Prosecution, and Completion of Work. This clause governs when work starts, how it proceeds, and when it must be finished.
Adjust for ordering contracts
The construction clause may be changed to fit indefinite-delivery contracts where orders are issued over time. The clause must still clearly address how commencement and completion dates will work for each order.
Use Alternate I for notice to proceed timing
If a construction completion date is stated as a specific calendar date and is computed based on the contractor receiving a notice to proceed by a certain day, the contracting officer may use Alternate I to reflect that timing method.
Responsibilities
Contracting Officer
Select the correct clause and alternate based on the type of acquisition, the performance period trigger, and whether the schedule is tied to the contract date, assumed award date, assumed notice-of-award date, actual written notice of award, or notice to proceed. For construction, insert 52.211-10 in fixed-price construction solicitations and contracts, and modify it as needed for indefinite-delivery ordering arrangements.
Offeror/Contractor
Review the clause and schedule basis carefully, because the selected clause determines when delivery or completion is due and how lateness will be measured. If the solicitation allows an alternative delivery schedule, propose it clearly and ensure it aligns with the clause language.
Agency/Program Office
Define the actual business need for delivery or completion timing so the contracting officer can choose the proper clause structure. Provide enough schedule detail to support whether the Government needs a required date, a desired-and-required date structure, or construction commencement/completion terms.
Practical Implications
The exact clause and alternate matter because they determine the legal start point for performance time; a schedule based on contract date is not the same as one based on notice of award or notice to proceed.
A common mistake is using the wrong alternate, which can shift the delivery deadline and create disputes about whether the contractor was late.
For construction, the clause is mandatory in fixed-price construction contracts, so omitting it can leave the contract without a clear framework for starting and finishing the work.
When using indefinite-delivery contracts, the clause may need tailoring so each order has a workable commencement and completion mechanism; otherwise, order-level deadlines can be unclear.
Contractors should verify whether dates are calendar dates, periods of performance, or dates triggered by notice, because those details control how to calculate compliance and extensions.
Official Regulatory Text
(a) Supplies or services. (1) The contracting officer may use a time of delivery clause to set forth a required delivery schedule and to allow an offeror to propose an alternative delivery schedule. The clauses and their alternates may be used in solicitations and contracts for other than construction and architect-engineering substantially as shown, or they may be changed or new clauses written. (2) The contracting officer may insert in solicitations and contracts other than those for construction and architect-engineering, a clause substantially the same as the clause at 52.211-8 , Time of Delivery, if the Government requires delivery by a particular time and the delivery schedule is to be based on the date of the contract. 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 use the clause with its Alternate I. 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 use the clause with its Alternate II. If the delivery schedule is to be based on the actual date the contractor receives a written notice of award, the contracting officer may use the clause with its Alternate III. (3) The contracting officer may insert in solicitations and contracts other than those for construction and architect-engineering, a clause substantially the same as the clause at 52.211-9 , Desired and Required Time of Delivery, if the Government desires delivery by a certain time but requires delivery by a specified later time, and the delivery schedule is to be based on the date of the contract. 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 use the clause with its Alternate I. 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 use the clause with its Alternate II. If the delivery schedule is to be based on the actual date the contractor receives a written notice of award, the contracting officer may use the clause with its Alternate III. (b) Construction . The contracting officer shall insert the clause at 52.211-10 , Commencement, Prosecution, and Completion of Work, in solicitations and contracts when a fixed-price construction contract is contemplated. The clause may be changed to accommodate the issuance of orders under indefinite-delivery contracts. If the completion date is expressed as a specific calendar date, computed on the basis of the contractor receiving the notice to proceed by a certain day, the contracting officer may use the clause with its Alternate I.