FAR and DFARS › FAR Part 11: Describing Agency Needs › Subpart 11.4
FAR 11.401 General.
The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.
In plain English
This section states that delivery or performance time is an essential contract element and must be clearly stated in solicitations. Contracting officers must ensure schedules are realistic and not unnecessarily short, because such schedules can restrict competition, conflict with small business policies, and raise prices. Solicitations must also inform bidders how delivery time will be evaluated, and liquidated damages may be used if timely delivery is unusually important.
Applies to: Contracting officers and solicitations for contracts
What it requires
- Clearly state the time of delivery or performance in solicitations.
- Ensure delivery or performance schedules are realistic and meet acquisition requirements.
- Inform bidders or offerors of the basis for evaluating bids or proposals with respect to time of delivery or performance, except when clearly unnecessary.
Key terms: time of delivery or performance · solicitations · liquidated damages · small business policies
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The text
(a) The time of delivery or performance is an essential contract element and shall be clearly stated in solicitations. Contracting officers shall ensure that delivery or performance schedules are realistic and meet the requirements of the acquisition. Schedules that are unnecessarily short or difficult to attain—
(1) Tend to restrict competition,
(2) Are inconsistent with small business policies, and
(3) May result in higher contract prices.
(b) Solicitations shall, except when clearly unnecessary, inform bidders or offerors of the basis on which their bids or proposals will be evaluated with respect to time of delivery or performance.
(c) If timely delivery or performance is unusually important to the Government, liquidated damages clauses may be used (see subpart 11.5).
← 11.302 Contract clause. · 11.402 Factors to consider in establishing schedules. →
Rule changes for FAR Part 11
- Federal Acquisition Regulation: Ending Procurement and Forced Use of Paper Straws ↗ · proposed 2025-07-21 · comments due 2025-09-19
- Federal Acquisition Regulation: Preventing Organizational Conflicts of Interest in Federal Acquisition ↗ · proposed 2025-01-15 · comments due 2025-03-17
- Federal Acquisition Regulation: Controlled Unclassified Information ↗ · proposed 2025-01-15 · comments due 2025-03-17
- Federal Acquisition Regulation: Strengthening America's Cybersecurity Workforce ↗ · proposed 2025-01-03 · comments due 2025-03-04
- Federal Acquisition Regulation; Technical Amendments ↗ · final rule 2024-07-30 · effective 2024-08-29
- Federal Acquisition Regulation: Sustainable Procurement ↗ · final rule 2024-04-22 · effective 2024-05-22
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.