34.203 Solicitation provisions and contract clause
Source: FAR 34.203 on acquisition.gov
FAR 34.203 mandates the inclusion of specific EVMS and IBR-related provisions and clauses in solicitations and contracts to ensure contractors understand and comply with earned value management requirements.
Overview
FAR 34.203 prescribes the use of specific solicitation provisions and contract clauses related to Earned Value Management Systems (EVMS) in federal contracts. It directs contracting officers to include certain provisions and clauses in solicitations and contracts when EVMS and Integrated Baseline Reviews (IBR) are required, ensuring that contractors are aware of and agree to these requirements before and after award. The section references FAR 52.234-2, 52.234-3, and 52.234-4, which detail the obligations for preaward and postaward IBRs and the implementation of EVMS.
Key Rules
- Preaward IBR Provision (FAR 52.234-2)
- Must be included in solicitations when an EVMS and a preaward IBR are required.
- Postaward IBR Provision (FAR 52.234-3)
- Must be included in solicitations when an EVMS and a postaward IBR are required.
- EVMS Clause (FAR 52.234-4)
- Must be included in solicitations and contracts that require the use of an EVMS, regardless of IBR timing.
Responsibilities
- Contracting Officers: Ensure the correct provisions and clauses are included in solicitations and contracts involving EVMS and IBRs.
- Contractors: Comply with EVMS requirements and participate in IBRs as specified in the contract.
- Agencies: Oversee compliance with EVMS and IBR requirements in applicable contracts.
Practical Implications
- This section ensures that both parties understand EVMS and IBR requirements from the outset, reducing ambiguity and compliance risks.
- Contractors must be prepared to implement and maintain an EVMS and participate in IBRs as a condition of contract award.
- Failure to include or comply with these provisions can result in contract delays or noncompliance findings.
(a) The contracting officer shall insert a provision that is substantially the same as the provision at FAR 52.234-2, Notice of Earned Value Management System-Preaward Integrated Baseline Review, in solicitations for contracts that require the contractor to use an Earned Value Management System (EVMS) and for which the Government requires an Integrated Baseline Review (IBR) prior to award.
(b) The contracting officer shall insert a provision that is substantially the same as the provision at 52.234-3, Notice of Earned Value Management System-Postaward Integrated Baseline Review, in solicitations for contracts that require the contractor to use an Earned Value Management System (EVMS) and for which the Government requires an Integrated Baseline Review (IBR) after contract award.
(c) The contracting officer shall insert a clause that is substantially the same as the clause at FAR 52.234-4, Earned Value Management System, in solicitations and contracts that require a contractor to use an EVMS.