5-8.9 Excusable Delays

A supplier may be granted an extension of the delivery or performance schedule for an excusable delay.

A supplier’s failure to perform may be considered an excusable delay when it arises out of either:

• Causes beyond the control and without the negligence of the supplier — including the following:
• Acts of God or the public enemy.
• Acts of the government in its sovereign capacity or the Postal Service in its contractual capacity.
• Fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather.
• A subcontractor default due to causes beyond the control and without the fault or negligence of both the supplier and the subcontractor, unless the supplies or services were obtainable from another source in time to permit the supplier to meet the delivery schedule.