3.503-2
Contract clause
Contracting officers must include FAR 52.203-6 in contracts exceeding the simplified acquisition threshold, using Alternate I for commercial products or services.
Overview
FAR 3.503-2 requires contracting officers to include a specific contract clause—FAR 52.203-6, Restrictions on Subcontractor Sales to the Government—in all solicitations and contracts that exceed the simplified acquisition threshold. For contracts involving commercial products or commercial services, the clause must be used with its Alternate I version. This requirement is designed to prevent unreasonable restrictions on subcontractor sales to the government, ensuring fair competition and compliance with federal procurement policies.
Key Rules
- Clause Inclusion Requirement
- Contracting officers must insert FAR 52.203-6 in applicable solicitations and contracts.
- Use of Alternate I for Commercial Acquisitions
- When acquiring commercial products or services, the Alternate I version of the clause must be used.
Responsibilities
- Contracting Officers: Ensure the correct clause (and version) is included in all relevant solicitations and contracts.
- Contractors: Must comply with the restrictions outlined in FAR 52.203-6 regarding subcontractor sales.
- Agencies: Oversee compliance and ensure proper clause usage in procurement actions.
Practical Implications
- This section ensures that contractors and subcontractors are aware of and comply with restrictions on sales to the government, promoting fair competition and transparency.
- Failure to include the correct clause can result in noncompliance, contract disputes, or procurement delays.
- Contractors should review solicitations to confirm the presence of the correct clause and understand its requirements.