Solicitation provisions and contract clause
FAR 4.607 ensures the correct solicitation provisions and contract clauses are included to support contract reporting and entity identification requirements.
Overview
FAR 4.607 prescribes the use of specific solicitation provisions and contract clauses to ensure compliance with reporting and identification requirements in federal contracting. It mandates when to include the Women-Owned Business (Other Than Small Business) provision, the Unique Entity Identifier (UEI) provision, and the UEI Maintenance clause in solicitations and contracts. These requirements help agencies collect necessary business information and maintain accurate contract reporting, particularly for contracts above the simplified acquisition threshold and those not set aside for small businesses.
Key Rules
- Women-Owned Business (Other Than Small Business) Provision (52.204-5)
- Must be included in solicitations not set aside for small businesses, exceeding the simplified acquisition threshold, and for contracts performed in the U.S. or outlying areas.
- Unique Entity Identifier Provision (52.204-6)
- Required in solicitations that do not include the System for Award Management (SAM) provision or meet certain exceptions.
- Unique Entity Identifier Maintenance Clause (52.204-12)
- Must be included in solicitations and contracts that contain the UEI provision.
Responsibilities
- Contracting Officers: Ensure the correct provisions and clauses are inserted in solicitations and contracts based on contract type, value, and location.
- Contractors: Comply with the requirements of the inserted provisions and clauses, including providing accurate business information and maintaining their UEI.
- Agencies: Oversee compliance and ensure accurate contract reporting.
Practical Implications
- Ensures proper identification and reporting of contractors, especially for contracts above the simplified acquisition threshold.
- Helps agencies track business ownership and maintain accurate records.
- Common pitfalls include failing to insert the correct provisions or clauses, leading to compliance issues or delays in contract award.