13.302-5
Clauses
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.