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  • Question

    If the contractor does not meet the 1st CLIN Del. Date. Per FAR 49.607 (b) Show cause notice states, If the time remaining in the contract delivery schedule is not sufficient to permit a realistic cure period of 10 days or more, the following Show Cause Notice may be used. So the question is... does the CLIN Del. Date take precedent which would indicate a Show Cause Notice, or does the contract Del. Date take precedent which would indicate a Cure Notice?


    Answer

    FAR clause 52.249-10 – Default (Fixed-Price Construction) paragraph (a) begins as follows: “If the Contractor refuses or fails to prosecute the work or any separable part, ….”  A CLIN would certainly qualify as a separable part as well as being a specific deliverable.  Therefore, you can use the CLIN delivery date as your date of reference and follow the procedures contained in FAR 49.402-3 – Procedure for Default. 
     
    This answer is based on the limited information provided, as we do not have all the facts pertaining to your situation.  As always, we highly recommend you consult the contracting officer as well as your legal office.

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