FAR 42.1304—Government delay of work.
Plain-English Summary
FAR 42.1304 explains how the Government Delay of Work clause at 52.242-17 is used when contractor work is delayed or interrupted by the contracting officer’s acts or failures to act. It covers four main topics: when the clause applies as an administrative settlement mechanism for contractor claims, when it does not apply because another contract clause already provides an equitable adjustment remedy, the fact that the clause does not itself authorize the contracting officer to order a suspension or delay of work, the contracting officer’s duty to act promptly if an unordered delay is known, and the file documentation that must be retained for any resulting adjustment. In practice, this section is about preserving a contractor’s remedy for government-caused delay while preventing misuse of the clause as a tool to direct work stoppages. It also reinforces prompt mitigation by the Government and careful contract-file support for any negotiated settlement. For contractors, it signals that delay claims must be tied to the clause’s scope and that other clauses may control instead. For contracting officers, it is a reminder to respond quickly to unplanned delays and to document negotiations and supporting data thoroughly.
Key Rules
Clause covers CO-caused delays
The Government Delay of Work clause at 52.242-17 is used to administratively settle contractor claims arising from delays or interruptions caused by the contracting officer’s acts or failures to act. It is a remedy for government-caused delay, not a general delay clause for any disruption.
No overlap with other remedies
The clause does not apply when the contract already specifically provides an equitable adjustment for the delay or interruption. For example, if the Changes clause applies, that clause—not 52.242-17—controls the adjustment process.
Not authority to suspend work
The clause does not authorize the contracting officer to order a suspension, delay, or interruption of work. It also cannot be cited as the justification for issuing such an order.
Prompt action to end delay
If the contracting officer learns of an unordered delay or interruption covered by the clause, the contracting officer must act as soon as practicable to end the delay or take other appropriate action. The rule emphasizes mitigation and timely management of the disruption.
File must support settlement
The contracting officer must keep in the contract file a record of all negotiations leading to any adjustment under the clause, along with the related certified cost or pricing data, or data other than certified cost or pricing data. This creates the audit trail for the settlement.
Responsibilities
Contracting Officer
Recognize when contractor delay claims fall under 52.242-17 and when another clause provides the proper equitable adjustment. Avoid using the clause as authority to order a suspension or delay, act promptly to end any unordered delay once noticed, and maintain complete file documentation of negotiations and supporting cost or pricing data.
Contractor
Identify and present delay claims that are actually caused by the contracting officer’s acts or failures to act and that are within the clause’s scope. The contractor should also understand when another contract clause, such as the Changes clause, provides the proper remedy instead of 52.242-17.
Agency/Contracting Activity
Ensure contracting personnel understand the limited purpose of the clause, support timely resolution of government-caused delays, and maintain contract administration practices that preserve documentation and proper clause selection.
Practical Implications
This section matters most when work slows down because the Government did something—or failed to do something—needed for performance, such as providing access, approvals, or direction.
A common pitfall is using Government Delay of Work when another clause already governs the situation; that can lead to the wrong remedy, disputes, or an unsupported settlement.
Another frequent mistake is treating the clause as permission to order a stop-work or suspension. FAR 42.1304 makes clear that it is not such authority.
Contracting officers should move quickly once an unordered delay is identified, because the rule expects prompt mitigation rather than passive acceptance of the disruption.
Good file documentation is essential: if the adjustment is later questioned, the negotiation record and supporting data will be the basis for defending the settlement.
Official Regulatory Text
(a) The clause at 52.242-17 , Government Delay of Work, provides for the administrative settlement of contractor claims that arise from delays and interruptions in the contract work caused by the acts, or failures to act, of the contracting officer. This clause is not applicable if the contract otherwise specifically provides for an equitable adjustment because of the delay or interruption; e.g., when the Changes clause is applicable. (b) The clause does not authorize the contracting officer to order a suspension, delay, or interruption of the contract work and it shall not be used as the basis or justification of such an order. (c) If the contracting officer has notice of an unordered delay or interruption covered by the clause, the contracting officer shall act to end the delay or take other appropriate action as soon as practicable. (d) The contracting officer shall retain in the file a record of all negotiations leading to any adjustment made under the clause, and related certified cost or pricing data, or data other than certified cost or pricing data.