You may have noticed the mob hanging out at gun shows and gun shops? The HUGE increase in sales has put the NICS system into overload- and I think they may be replacing the 2 C cell batteries that power the main computer.
A "Delay" does not mean that you are Denied- it just means "wait a minute". If you are constantly delayed, look at getting a UPIN (Unique Personnel Identification number) which cuts down on confusing you with similar named bad guys (I know a guy named Charles Manson- really)
If the Delay is not cleared after 3 days, the FFL CAN make the sale. However, I will tell you now that Dick's will not. Nor under Fed law do they HAVE to make the sale. It says the FFL may make the transaction- not that they must.