Procurement and Contract Law

26 February 2012

Introduction

The Federal Acquisition Regulation (FAR) is a set of principles that govern the government procurement process. It regulates the purchasing of goods and services by the government. The FAR is codified in Title 48 of the U.S. Code of Federal Regulations. It is prepared, issued, and jointly maintained by the Secretary of Defense, the Administrator of General Services, and the Administrator of the National Aeronautics and Space Administration subject to the approval of the Administrator of Federal Procurement Policy. This research paper will explain the FAR Section 52.242-17: Government Delay of Work and provide a theoretical example.

Assignment #4

Section 52.242-17

When a fixed-priced contract is considered for supplies other than commercial or modified-commercial items, a Government Delay of Work clause (FAR Section 52.242-17) is inserted (Feldman, 2010). This clause provides for the administrative settlement of contractor claims that are a result of 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.

The clause does not authorize the contracting officer to order a suspension, delay, or interruption of the contract work and it is not be used as the basis or justification of such an order.

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.

The contractor needs to be assured that his fears of being delayed by the government are appreciated and that he is entitled to delay