13.303-8
Optional clause
FAR 13.303-8 allows, but does not require, the use of the FAR 52.213-4 clause in BPAs for non-commercial simplified acquisitions, giving contracting officers flexibility in structuring agreements.
Overview
FAR 13.303-8 addresses the use of an optional clause—specifically, FAR 52.213-4, Terms and Conditions-Simplified Acquisitions (Other Than Commercial Products and Commercial Services)—in Blanket Purchase Agreements (BPAs) established under FAR 13.303. This provision allows, but does not require, contracting officers to include this clause in BPAs that are not for commercial products or services. The clause at 52.213-4 consolidates various terms and conditions relevant to simplified acquisitions, streamlining administration and compliance for both agencies and contractors.
Key Rules
- Optional Use of FAR 52.213-4 Clause
- Contracting officers may include the 52.213-4 clause in BPAs for non-commercial acquisitions under FAR 13.303.
- Applicability Limited to Non-Commercial BPAs
- The clause is not intended for BPAs covering commercial products or services.
Responsibilities
- Contracting Officers: Decide whether to include FAR 52.213-4 in applicable BPAs and ensure its terms are appropriate for the acquisition.
- Contractors: Review BPAs for inclusion of the clause and comply with its terms if incorporated.
- Agencies: Oversee proper application of the clause and ensure BPAs are structured in accordance with FAR requirements.
Practical Implications
- This section provides flexibility to streamline BPA administration for non-commercial simplified acquisitions.
- Contractors should be aware that the inclusion of FAR 52.213-4 may affect terms and compliance obligations.
- Common pitfalls include misapplying the clause to commercial BPAs or failing to recognize its optional nature.