Exceptions
FAR 4.1005-2 allows specific exceptions to standard data element requirements for certain contract types, but mandates that missing information be provided at the appropriate stage, such as order issuance.
Overview
FAR 4.1005-2 outlines specific exceptions to the standard data element requirements for line items and subline items in federal contracts. It clarifies when certain information—such as accounting classification, delivery details, item descriptions, and pricing—may be omitted or deferred, particularly for indefinite-delivery contracts, IDIQs, and requirements contracts. The regulation also addresses exceptions for item descriptions and pricing requirements when subline items or certain contract types are involved.
Key Rules
- Indefinite-Delivery Contracts
- Required data elements (accounting classification, delivery date/destination, period/place of performance) may be omitted at contract award but must be provided with each order.
- IDIQ and Requirements Contracts
- Quantity may be omitted at the line item level if total contract minimum/maximum or estimate is stated. For certain multiple-award IDIQs, price/cost may also be omitted at award if total minimum/maximum is stated.
- Item Description and PSC
- If deliverable subline items provide detailed identification, the main line item can use a general narrative description instead of detailed data elements.
- Single Unit or Total Price
- The requirement for a single unit or total price at the line item level does not apply if: (a) subline items are priced, (b) the item is not separately priced, (c) the contract is cost-reimbursement, T&M, or labor-hour, or (d) firm prices are set for elements but quantities are unknown until performance.
Responsibilities
- Contracting Officers: Ensure exceptions are applied correctly and required data is provided at the appropriate time (e.g., at order issuance for indefinite-delivery contracts).
- Contractors: Provide required data elements with each order and comply with pricing and description requirements as applicable.
- Agencies: Oversee compliance with data element requirements and exceptions, ensuring contract documentation is accurate and complete.
Practical Implications
- This section provides flexibility in contract structuring, especially for indefinite-delivery and complex service contracts.
- Contractors and contracting officers must be vigilant about when and how to provide required data elements to avoid compliance issues.
- Common pitfalls include omitting required data at the order level or misunderstanding when pricing or descriptions can be generalized or omitted.