The Board also noted that the awardee offered a delivery period of 90 days, while the other two vendors offered a delivery period of 42 and 77 days, respectively.

Exception: right not to be cumulated in the post delivery period with part time service providing (remission to article 270).

Fixed period for delivery (lit. b)

The buyer further argued that it had asked for an extension of the delivery period and, it deemed, that this request had been accepted by the seller.

A supplement to the standard terms and conditions was added to include delivery periods as well as a penalty for late delivery.

However, after delivery, that period may not be taken in combination with part-time working.

Purchase order number 3999 Galileo provided a copy of purchase order number 3999 dated 22 January 1990 in the amount of 128,000 Deutsche Mark (DEM), which provided that the delivery period for the components was four months.

Purchase order number 3967 Galileo provided a copy of purchase order number 2967 dated 3 January 1990 in the amount of DEM 2,068,644, which provided that the delivery period for the components was seven months.

Purchase order number 4038 Galileo also provided a copy of purchase order number 4038 dated 22 February 1990 in the amount of DEM 2,360,752, which provided that the delivery period for the components was six months.

Iraq further contends that purchase order No. 3994 could have been implemented and paid for prior to 2 August 1990 if CRC-Evans had adhered to the original contractual delivery period of 12 weeks.