As prescribed in 42.1305(a), insert the following clause in solicitations and contracts when a fixed-price construction or architect-engineer contract is contemplated:
Suspension of Work (APR 1984)
(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.
(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer's failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.
(c) A claim under this clause shall not be allowed (1) for any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order), and (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.
(End of clause)
[48 FR 42478, Sept. 19, 1983. Redesignated and amended at 60 FR 48251, 48256, Sept. 18, 1995]
Notes of Decisions
George Sollitt Construction Co. v. United States (2005)
uscfc · cites it 4×
“Government liability for an equitable adjustment may lie when the government has caused delay to the contractor’s performance Under the standard Suspension of Work clause found in government fixed-price construction contracts, 48 C.”
Meridian Engineering Company v. United States (2015)
uscfc · cites it 3×
“243-4 (d) 36 and 48 C.F.R. § 52.242-14 (b) 37 ). The record reflects that the USACE issued some teehni- *414 cally deficient modifications, but promised Meridian that corrective modifications would be forthcoming, the USACE has “maintained that [it] could not, and would not,…”
CEMS, Inc. v. United States (2003)
uscfc · cites it 2×
“48 C.F.R. § 52.242-14 (b) (1997). The bicycle path contract also specified that the “[w]ork shall be completed on or before September 30, 1998, subject to such extensions as may be authorized by the terms of the contract and the specifications made a part thereof.”
Nicon, Inc. v. United States (2003)
cafc
“The suspension clause provides for adjustments when: performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of [the] contract, or (2) by the Contracting…”
Manuel Bros. v. United States (2002)
uscfc
“242-14 , states in relevant part: (b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer’s…”
Oak Environmental Consultants, Inc. v. United States (2007)
uscfc
“48 C.F.R. § 52.242-14 (Oct. 1,2001). In a telephone call on the afternoon of April 23, 2003, instructions were given to the Naval Station at Newport, Rhode Island by the Commander of the Atlantic Fleet for all work to stop, and to terminate the contract for convenience.”
Metcalf Construction Co. v. United States (2012)
uscfc
“: (b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer’s failure to act within the time…”
— 48 C.F.R. § 52.242-14(b) — 1 case
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