28.311-2
Agency solicitation provisions and contract clauses
Agencies can create their own solicitation provisions and contract clauses for liability insurance, but these must align with the basic policies of FAR Subpart 28.3.
Overview
FAR 28.311-2 allows federal agencies the flexibility to develop and include their own solicitation provisions and contract clauses to implement the liability insurance requirements outlined in Subpart 28.3. This means that, in addition to the standard FAR clauses, agencies can tailor additional requirements or language to address specific needs or risks associated with their contracts, particularly those involving cost-reimbursement arrangements. The section emphasizes agency discretion while ensuring alignment with the overarching policies of Subpart 28.3.
Key Rules
- Agency Authority to Prescribe Clauses
- Agencies may create and use their own solicitation provisions and contract clauses to address liability insurance requirements, as long as they are consistent with Subpart 28.3 policies.
- Implementation of Subpart 28.3 Policies
- Any agency-specific clauses must be designed to implement the basic liability insurance policies established in Subpart 28.3.
Responsibilities
- Contracting Officers: Must ensure that any agency-specific clauses used are consistent with Subpart 28.3 and included in solicitations and contracts as required.
- Contractors: Must review and comply with both standard FAR and any agency-specific liability insurance clauses included in the solicitation or contract.
- Agencies: Responsible for developing, prescribing, and maintaining any additional clauses or provisions, ensuring they align with FAR policy.
Practical Implications
- This section exists to provide agencies with flexibility to address unique liability insurance needs in their contracts.
- Contractors must pay close attention to agency-specific clauses, as they may impose additional requirements beyond standard FAR provisions.
- Failure to comply with both standard and agency-specific clauses can result in noncompliance or contract disputes.