37.110 Solicitation provisions and contract clauses
Source: FAR 37.110 on acquisition.gov
FAR 37.110 mandates specific clauses in service contracts on Government installations to ensure property protection, continuity of services, and compliance with other FAR requirements.
Overview
FAR 37.110 outlines the required and optional solicitation provisions and contract clauses that must be included in solicitations and contracts for services performed on Government installations. It specifies when to use certain standard clauses, such as those related to site visits, protection of Government property, and continuity of services, and references additional requirements for addressing conflicts of interest and other FAR-prescribed clauses. The section ensures that service contracts contain the necessary terms to protect Government interests and facilitate smooth contract performance and transitions.
Key Rules
- Site Visit Provision (52.237-1)
- Must be included in solicitations for services on Government installations, except for construction contracts.
- Protection of Government Property Clause (52.237-2)
- Required in solicitations and contracts for services on Government installations, unless the contract is for construction.
- Continuity of Services Clause (52.237-3)
- May be included when services are vital and must continue without interruption, especially if transition difficulties are anticipated.
- Conflict-of-Interest Provisions
- Refer to FAR 9.508 for appropriate clauses addressing conflicts of interest in service contracts.
- Other Applicable Clauses
- Contracting officers must include other relevant FAR provisions and clauses as appropriate for the specific acquisition.
Responsibilities
- Contracting Officers: Ensure all required and applicable clauses are included in service solicitations and contracts; assess the need for continuity and conflict-of-interest clauses.
- Contractors: Review solicitations and contracts for these clauses and comply with their requirements.
- Agencies: Oversee compliance with FAR clause inclusion and monitor contract transitions and property protection.
Practical Implications
- This section ensures contracts for services on Government installations are comprehensive and protect Government interests.
- Missing required clauses can lead to compliance issues or contract disputes.
- Contractors should be aware of these clauses to understand their obligations, especially regarding site access, property protection, and service continuity.
(a) The contracting officer shall insert the provision at 52.237-1, Site Visit, in solicitations for services to be performed on Government installations, unless the solicitation is for construction.
(b) The contracting officer shall insert the clause at 52.237-2, Protection of Government Buildings, Equipment, and Vegetation, in solicitations and contracts for services to be performed on Government installations, unless a construction contract is contemplated.
(c) The contracting officer may insert the clause at 52.237-3, Continuity of Services, in solicitations and contracts for services, when-
(1) The services under the contract are considered vital to the Government and must be continued without interruption and when, upon contract expiration, a successor, either the Government or another contractor, may continue them; and
(2) The Government anticipates difficulties during the transition from one contractor to another or to the Government. Examples of instances where use of the clause may be appropriate are services in remote locations or services requiring personnel with special security clearances.
(d) See 9.508 regarding the use of an appropriate provision and clause concerning the subject of conflict-of-interest, which may at times be significant in solicitations and contracts for services.
(e) The contracting officer shall also insert in solicitations and contracts for services the provisions and clauses prescribed elsewhere in the FAR, as appropriate for each acquisition, depending on the conditions that are applicable.