4.2105
Solicitation provisions and contract clause
Contracting officers must include specific FAR provisions and clauses in all solicitations and contracts to ensure compliance with prohibitions on certain telecommunications and video surveillance equipment or services.
Overview
FAR 4.2105 mandates the use of specific solicitation provisions and contract clauses to ensure compliance with prohibitions on contracting for certain telecommunications and video surveillance services or equipment. Contracting officers are required to include these provisions and clauses in all solicitations and contracts, as well as in notices of intent to place orders under indefinite delivery contracts. This section operationalizes the statutory and regulatory prohibitions by specifying exactly where and when to use the relevant FAR clauses and provisions, ensuring that contractors are aware of and comply with restrictions related to covered telecommunications equipment and services.
Key Rules
- Provision 52.204-24
- Must be included in all solicitations and in notices or solicitations for orders under indefinite delivery contracts. This provision requires offerors to represent whether they will provide covered telecommunications equipment or services.
- Clause 52.204-25
- Must be included in all solicitations and contracts. This clause prohibits contractors from providing certain telecommunications and video surveillance equipment or services.
- Provision 52.204-26
- Must be included in all solicitations. This provision requires offerors to represent their use of covered telecommunications equipment or services.
Responsibilities
- Contracting Officers: Must ensure the correct provisions and clauses are included in all relevant solicitations, contracts, and order notices.
- Contractors: Must accurately complete representations and comply with prohibitions on covered equipment and services.
- Agencies: Must oversee compliance and ensure all solicitations and contracts contain the required language.
Practical Implications
- This section exists to enforce statutory prohibitions and protect government supply chains from certain foreign-sourced telecommunications and surveillance equipment.
- It impacts daily contracting by requiring careful review and inclusion of specific FAR clauses and provisions in all solicitations and contracts.
- Common pitfalls include failing to include the required language or misunderstanding which contracts/orders require the provisions and clauses.