Can 52.212-4(f) Excusable Delays be an unilateral agreement?

I have never heard of a “unilateral agreement”. An agreement consists of concurrence by the contract parties concerning some matter.

Do you mean a unilateral decision by the government to determine entitlement to an excusable delay and establish or deny a time extension?

Yes, in the sense that the parties can agree at the time of contract formation that the decision can be made unilaterally by one of the parities.

joel hoffman said:

I have never heard of a “unilateral agreement”.

😂

On 9/27/2024 at 7:58 AM, NCO15-Greg said:

Can 52.212-4(f) Excusable Delays be an unilateral agreement? If the scenario is that the Government is causing the delay in contractor performance.

Just a thought.   If the question is with regard to post contract award, or in other words during performance, then I would suggest that I think I would handle this way.

Per 52.212-4(f) the contractor should notify the government of the delay in writing and why.  Upon receipt of the notification, per your post the government is in agreement of the reason.  The contractor would again per the clause paragraph (f) do what it can to remedy the delay.  And again the government would agree to the remedy,

I would then as the government request the contractor to submit a request of equitable adjustment, change, or whatever you want to call it per 52.212-4(c) and then negotiate the request and mutually agree in writing to change the contract.   The bottom line per your post is the government agrees that they caused the delay (a unilateral decision) but the government and contractor would still have to mutually agree on the change (adding time and/or???).

I offer this alternative as paragraph (f) of 52.212-4 provides no remedy action like say FAR 52.249-14 and its paragraph (c) leaving any action to actually change the existing contract to 52.212-4 paragraph(c).