FAR 52.211-8—Time of Delivery.
Plain-English Summary
FAR 52.211-8, Time of Delivery, tells offerors and contracting officers how to state, evaluate, and enforce delivery schedules in solicitations and contracts. It covers the required delivery schedule, how the Government evaluates offers against that schedule, when an offer is nonresponsive because the proposed delivery date does not clearly fit the required period, and when the Government may award based on an earlier proposed schedule instead of the required one. It also explains how to calculate delivery time when award is made by mail or electronically, including the added time used for evaluation when an offeror bases delivery on receipt of the award or notice of award. The clause then provides three alternates for situations where delivery is expressed as specific calendar dates or periods tied to an assumed award date or receipt of notice of award. In practice, this clause is important because it prevents ambiguity in delivery commitments, protects the Government’s ability to compare offers fairly, and helps avoid disputes over when performance time starts and whether a bid or offer is acceptable.
Key Rules
Required delivery schedule controls
The contracting officer must insert the specific delivery schedule, including item number, quantity, and the number of days after contract date or other stated timing basis. Offerors are expected to propose delivery in a way that fits the stated required period.
Offers are evaluated equally on delivery
The Government evaluates offers equally as to time of delivery when they propose delivery within the applicable required period. This means delivery timing is a material evaluation factor, and all offers are measured against the same stated schedule.
Nonresponsive delivery dates are rejected
If an offer does not clearly fall within the required delivery period, the Government will treat it as nonresponsive and reject it. This is a strict rule in sealed bidding contexts and requires offerors to state delivery dates clearly and unambiguously.
Earlier delivery may be accepted
If an offeror proposes delivery earlier than required, the Government may award under either the required delivery schedule or the proposed earlier schedule. If the offeror does not propose any alternative schedule, the required schedule applies.
Performance time starts at award
Offerors should calculate performance time from the actual date of award, not from when the mailed notice is received, because a mailed or otherwise furnished award creates a binding contract when sent. The clause also tells offerors to account for mailing or electronic transmission time when evaluating receipt-based delivery proposals.
Receipt-based delivery adds evaluation time
If an offeror bases delivery on receipt of the contract or notice of award, the Government adds five calendar days for ordinary mail or one working day for electronic transmission when evaluating whether the offered delivery date meets the required date. If the adjusted date is later than required, the offer is nonresponsive and rejected.
Alternate I uses assumed award date
When delivery is stated as specific calendar dates or periods based on an assumed award date, the contracting officer may use Alternate I. Under this approach, each delivery date is extended by the number of calendar days between the assumed award date and the actual award date.
Alternate II uses assumed receipt date
When delivery is based on an assumed date the successful offeror will receive notice of award, the contracting officer may use Alternate II. The delivery dates are extended by the number of calendar days after the assumed date that the contractor actually receives notice, provided the contractor promptly acknowledges receipt.
Alternate III uses actual receipt date
When delivery is based on the actual date the contractor receives written notice of award, the contracting officer may delete paragraph (b) and use Alternate III. This alternate ties the delivery schedule directly to receipt of notice of award.
Responsibilities
Contracting Officer
Insert the specific required delivery schedule and choose the correct basic clause or alternate based on how delivery timing is expressed. The contracting officer must ensure the solicitation clearly states the timing basis, evaluate offers against the stated schedule, and reject offers that do not clearly meet the required delivery period.
Offeror/Contractor
Submit a clear delivery schedule that fits the solicitation’s required period or, if allowed, propose an earlier schedule. The offeror must calculate performance time correctly, understand whether time runs from award or receipt of notice, and avoid proposing dates that become nonresponsive after the required mailing or electronic transmission adjustment.
Government/Agency
Evaluate all offers consistently against the stated delivery requirements and preserve fairness in award decisions. The agency must also ensure the award or notice of award is mailed or otherwise furnished by the date of award, since that timing affects when the contract becomes binding and how delivery time is measured.
Practical Implications
This clause is often a responsiveness trap: a delivery date that is even slightly outside the required window can cause rejection, especially in sealed bidding.
Offerors should not assume the clock starts when they open the mail; the clause directs them to use the actual award date or the receipt-based adjustment rules, depending on how the solicitation is written.
Contracting officers must match the clause version to the way the schedule is written; using the wrong alternate can create ambiguity or an unenforceable delivery term.
When electronic transmission is used, the one-working-day adjustment matters, and weekends and federal holidays do not count as working days.
If an offeror proposes an earlier delivery schedule, the Government may accept it, but the solicitation should make clear whether earlier delivery is advantageous or simply permissible to avoid disputes over award selection.
Official Regulatory Text
As prescribed in 11.404 (a)(2) , insert the following clause: Time of Delivery (June 1997) (a) The Government requires delivery to be made according to the following schedule: Required Delivery Schedule [ Contracting Officer insert specific details ] Item No. Quantity Within Days After Date of Contract The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required 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 award is dated. Therefore, the offeror should 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. However, the Government will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. 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. (End of clause) Alternate I (Apr 1984) . 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 substitute the following paragraph (b) for paragraph (b) of the basic clause. The time may be expressed by substituting "on or before"; "during the months __________ "; or "not sooner than __________ or later than ___________ " as headings for the third column of paragraph (a) the basic clause. (b) The delivery dates or specific periods above are based on the assumption that the Government will make award by __ [Contracting Officer insert date] . Each delivery date in the delivery schedule above will be extended by the number of calendar days after the above date that the contract is in fact awarded. 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. Therefore, the offeror should 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. Alternate II (Apr 1984) . 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 substitute the following paragraph (b) for paragraph (b) of the basic clause. The time may be expressed by substituting within days after the date of receipt of a written notice of award as the heading for the third column of paragraph (a) of the basic clause. (b) The delivery dates or specific periods above are based on the assumption that the successful offeror will receive notice of award by __ [Contracting Officer insert date] . Each delivery date in the delivery schedule above will be extended by the number of calendar days after the above date that the Contractor receives notice of award; provided, that the Contractor promptly acknowledges receipt of notice of award. Alternate III (Apr 1984) . If the delivery schedule is to be based on the actual date the contractor receives a written notice of award, the contracting officer may delete paragraph (b) of the basic clause. The time may be expressed by substituting "within days after the date of receipt of a written notice of award" as the heading for the third column of paragraph (a) of the basic clause.