13.302-5 Clauses
Source: FAR 13.302-5 on acquisition.gov
FAR 13.302-5 mandates that contracting officers include all required clauses in purchase orders and modifications, tailoring them as necessary to ensure compliance with acquisition-specific requirements.
Overview
FAR 13.302-5 outlines the required clauses that must be incorporated into purchase orders and modifications under simplified acquisition procedures. It specifies which FAR clauses must be included based on the nature of the acquisition, such as whether advance payments are authorized, if the order is unpriced, or if the acquisition exceeds the micro-purchase threshold and is not for commercial products or services. The section also provides guidance on substituting or modifying clauses to fit specific acquisition circumstances, especially regarding domestic content requirements and trade agreements. This ensures that all legal and regulatory requirements are met for each type of purchase order.
Key Rules
- Clause Inclusion
- All prescribed clauses for the specific acquisition must be included in each purchase order and modification.
- Advance Payments for Publications
- Use FAR 52.213-2 for orders authorizing advance payments for subscriptions or publications.
- Unpriced Purchase Orders
- Use FAR 52.213-3 in unpriced purchase orders.
- Simplified Acquisitions (Non-Commercial)
- Use FAR 52.213-4 for simplified acquisitions above the micro-purchase threshold that are not for commercial products/services; this clause can be tailored as needed without creating contradictions.
- Trade Agreements and Domestic Content
- Substitute or delete certain clauses based on whether trade agreements apply or if supplies are for use outside the U.S.; fill in domestic content thresholds as directed for specific contract years.
Responsibilities
- Contracting Officers: Must ensure all required clauses are included, make appropriate substitutions or modifications, and fill in domestic content thresholds as required.
- Contractors: Must comply with all clauses incorporated into the purchase order, including those related to payment, content, and trade agreements.
- Agencies: Oversee compliance with clause requirements and ensure proper documentation and clause management.
Practical Implications
- This section ensures that purchase orders are legally compliant and tailored to the acquisition's specifics, reducing risk of disputes or noncompliance.
- Failure to include or properly modify required clauses can result in contract issues or legal challenges.
- Contractors should review all incorporated clauses to understand their obligations, especially regarding payment terms, domestic content, and trade agreements.
(a) Each purchase order (and each purchase order modification (see 13.302-3)) shall incorporate all clauses prescribed for the particular acquisition.
(b) The contracting officer shall insert the clause at 52.213-2, Invoices, in purchase orders that authorize advance payments (see http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3324(d)(2)&num=0&edition=prelim" target="_blank">31 U.S.C. 3324(d)(2)) for subscriptions or other charges for newspapers, magazines, periodicals, or other publications (i.e., any publication printed, microfilmed, photocopied, or magnetically or otherwise recorded for auditory or visual usage).
(c) The contracting officer shall insert the clause at 52.213-3, Notice to Supplier, in unpriced purchase orders.
(d)
(1) The contracting officer may use the clause at 52.213-4, Terms and Conditions-Simplified Acquisitions (Other Than Commercial Products and Commercial Services;), in simplified acquisitions exceeding the micro-purchase threshold that are for other than commercial products or commercial services (see 12.301).
(2) The clause-
(i) Is a compilation of the most commonly used clauses that apply to simplified acquisitions; and
(ii) May be modified to fit the individual acquisition to add other needed clauses, or those clauses may be added separately. Modifications (i.e., additions, deletions, or substitutions) must not create a void or internal contradiction in the clause. For example, do not add an inspection and acceptance or termination for convenience requirement unless the existing requirement is deleted. Also, do not delete a paragraph without providing for an appropriate substitute.
(3)
(i) When an acquisition for supplies for use within the United States cannot be set aside for small business concerns and trade agreements apply (see subpart 25.4), substitute the clause at 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, used with the appropriate Alternate (see 25.1101(b)(1)), instead of the clause at 52.225-1, Buy American-Supplies.
(ii) When acquiring supplies for use outside the United States, delete clause 52.225-1 from the clause list at 52.213-4(b).
(4) When the senior procurement executive allows for application of an alternate domestic content test for the contract in accordance with 25.101(d), so that the initial domestic content threshold will apply to the entire period of performance, the contracting officer shall fill in the 52.213-4(b)(1)(xviii)(B) for 52.225-1 Alternate I as follows: For contracts that the contracting officer estimates will be awarded in calendar year 2022 or 2023, the contracting officer shall insert “60” in paragraph (1)(ii)(A) of the definition of domestic end product. For contracts that the contracting officer estimates will be awarded in calendar year 2024, 2025, 2026, 2027, or 2028, the contracting officer shall insert “65”. For contracts that the contracting officer estimates will be awarded after calendar year 2028 the contracting officer shall insert “75”.