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  • Question

    Has the Government given up its rights to take action against the contractor in not meeting the schedule? Or asked another way; has the Government by "implied acceptance" accepted the fact that the delivery will be late and would need to re-negitiate a contract delivery schedule?


    Answer

    There is no implied acceptance by the Government that I am aware of.

    The first thing to check is the delivery clause in the contract.  Secondly, the Contracting Officer can terminate for default if there is late delivery or the contracting officer can accept a later delivery schedule and get consideration from the contractor.  If the contracting officer does not feel the need to get consideration, they can do that as well.  See case:  Free-Flow Packaging Corp., GSBCA 3992, 75-1 BCA Para. 11,332 which pertain to delivery. 
     

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