FAR and DFARS › FAR Part 11: Describing Agency Needs › Subpart 11.4

FAR 11.404 Contract clauses.

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 tells contracting officers which delivery-time clauses they may or must include in solicitations and contracts. It matters to contractors because the clause chosen determines how the required delivery schedule is set and which dates or events the schedule is tied to. For fixed-price construction, the clause at 52.211-10 must be used.

Applies to: Contracting officers and contractors on supply, service, and fixed-price construction contracts

What it requires

  • For fixed-price construction contracts, the contracting officer must insert the clause at 52.211-10, Commencement, Prosecution, and Completion of Work.

Key terms: time of delivery clause · delivery schedule · Alternate I · Alternate II · Alternate III

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The 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.

Sections it refers to

  • 52.211-8 Time of Delivery.
  • 52.211-9 Desired and Required Time of Delivery.
  • 52.211-10 Commencement, Prosecution, and Completion of Work.

Sections that refer to it

  • 52.211-8 Time of Delivery.
  • 52.211-9 Desired and Required Time of Delivery.
  • 52.211-10 Commencement, Prosecution, and Completion of Work.

← 11.403 Supplies or services. · 11.500 Scope. →

Rule changes for FAR Part 11

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 11.404 Contract clauses · SpendQuery