15.209
Solicitation provisions and contract clauses
FAR 15.209 mandates the inclusion of specific solicitation provisions and contract clauses in negotiated procurements, ensuring compliance with statutory, regulatory, and procedural requirements based on contract type and circumstances.
Overview
FAR 15.209 prescribes the specific solicitation provisions and contract clauses that contracting officers must include in negotiated procurements. It details when to use certain FAR clauses based on the type of acquisition, contract value, funding source, and other circumstances. The section ensures that solicitations and contracts contain the appropriate instructions, audit rights, and procedural requirements to support fair and transparent competition, proper record-keeping, and compliance with statutory and regulatory mandates.
Key Rules
- Instructions to Offerors (FAR 52.215-1)
- Must be included in all competitive solicitations where award may be made without discussions; use alternates if discussions or alternate proposals are anticipated.
- Audit and Records (FAR 52.215-2)
- Required in most negotiated contracts, with exceptions for small purchases, certain utilities, and exempt commercial items. Special rules apply for contracts using American Recovery and Reinvestment Act (ARRA) funds and for specific contract types (e.g., cost-reimbursement with nonprofits).
- Request for Information (FAR 52.215-3)
- Inserted in solicitations for information or planning purposes, with clear marking.
- Facsimile Proposals (FAR 52.215-5)
- Included if facsimile proposals are authorized.
- Place of Performance (FAR 52.215-6)
- Included unless the Government specifies the place of performance.
- Order of Precedence (FAR 52.215-8)
- Required for solicitations and contracts using the Uniform Contract Format.
Responsibilities
- Contracting Officers: Ensure correct clauses and provisions are included based on acquisition type, value, and funding; specify alternates as required; clearly mark solicitations for information/planning.
- Contractors: Review solicitations for applicable clauses; comply with audit, proposal, and performance requirements; understand implications of ARRA funding and alternate clauses.
- Agencies: Oversee compliance with clause inclusion and proper solicitation marking; ensure statutory and regulatory requirements are met.
Practical Implications
- This section standardizes the use of key clauses to ensure consistency, transparency, and compliance in negotiated acquisitions. Contractors must be vigilant in reviewing solicitations for applicable clauses, especially regarding audit rights and proposal instructions. Failure to comply with these requirements can result in proposal rejection or post-award issues, particularly with respect to audit access and the handling of ARRA funds.