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  • Question

    Is there anyway that an NTP can be delayed due to unforseen complications once it is sent out? I am assuming the 14 days should not count as part of the contractor scheduled work. they were given 56 days for the first portion of this project.


    Answer

    YEs, a Notice to Proceed can be delayed. Use of this clause provides a degree of flexibility. Generally the clause 52-211-10 is included in the contract.  It is a "fill in the blank clause" at the contracting officer's discretion.  So what Ii would do is issue a mod to add the days to this clause to delay the start of work and add the days to contract completion.  But yes,  it would be fair and reasonable to account for what is an action beyond the control of the contractor (delay caused by the base Civil Engineer).

     

    52.211-10 Commencement, Prosecution, and Completion of Work.

    As prescribed in 11.404(b), insert the following clause 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 for construction.

    Commencement, Prosecution, and Completion of Work (Apr 1984)

    The Contractor shall be required to (a) commence work under this contract within _________ [Contracting Officer insert number] calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than ______________.* The time stated for completion shall include final cleanup of the premises.

    * The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date

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