In the case of contractor-caused delays, the contracting officer should not extend the delivery date(s) without adequate consideration from the contractor. Following a failure of timely delivery, the contracting officer must act promptly to either establish a new delivery date by contract modification, or terminate for default (or cause). Failure to take timely action may result in the loss of the Government’s legal remedies; legal counsel should therefore be obtained to determine whether a waiver of the delivery schedule has occurred and, if so, what actions should be taken to establish a new delivery schedule. Designation of a new delivery date shall be accomplished by modification to the contract.
