52.101 Using Part 52
Source: FAR 52.101 on acquisition.gov
FAR 52.101 standardizes how provisions and clauses are numbered, prescribed, and referenced, ensuring clarity and consistency in federal contracts.
Overview
FAR 52.101 provides detailed instructions on how to use Part 52, which governs the use, numbering, and prescription of solicitation provisions and contract clauses in federal acquisitions. It defines key terms, explains the numbering system for FAR and agency supplemental clauses, and outlines how to locate, prescribe, and reference these clauses. The section also introduces the FAR Matrix, a tool for identifying required and optional provisions and clauses by contract type, and mandates the inclusion of dates on all provisions and clauses to ensure clarity about which version is operative.
Key Rules
- Definition of Modification
- A modification is a minor, FAR-authorized change to a provision or clause that does not alter its substance.
- Numbering System
- FAR provisions/clauses are numbered systematically (52.2XX-XX), with supplemental agency clauses using a "70" or higher sequence and agency-specific prefixes.
- Prescriptions
- Each clause/provision is prescribed in the FAR section where its subject is primarily addressed, including all usage conditions and instructions.
- Introductory Text
- Each provision/clause in 52.2 includes a cross-reference to its prescription location in the FAR.
- FAR Matrix
- The matrix (online) lists required, required-when-applicable, and optional provisions/clauses by contract type, with details on incorporation, UCF location, and prescription citation.
- Dating of Clauses
- All provisions, clauses, and alternates must be dated to identify the operative version in solicitations and contracts.
Responsibilities
- Contracting Officers: Must use correct clause numbers, consult the FAR matrix, ensure proper prescription and dating, and refer to the FAR for applicability of required-when-applicable/optional clauses.
- Contractors: Should verify the correct and current clauses are included in solicitations/contracts and understand the meaning of clause numbers and dates.
- Agencies: Must supplement the FAR matrix as needed and ensure agency-specific clauses follow the prescribed numbering and publication rules.
Practical Implications
- This section ensures consistency and traceability in the use of contract clauses, reducing confusion and disputes over clause applicability and versioning. Contractors and contracting officers must pay close attention to clause numbers, dates, and prescriptions to ensure compliance and avoid contract administration issues.
(a) Definition. "Modification," as used in this subpart, means a minor change in the details of a provision or clause that is specifically authorized by the FAR and does not alter the substance of the provision or clause (see 52.104).
(b) Numbering—
(1) FAR provisions and clauses. subpart 52.2 sets forth the text of all FAR provisions and clauses, each in its own separate subsection. The subpart is arranged by subject matter, in the same order as, and keyed to, the parts of the FAR. Each FAR provision or clause is uniquely identified. All FAR provision and clause numbers begin with "52.2," since the text of all FAR provisions and clauses appear in subpart 52.2. The next two digits of the provision or clause number correspond to the number of the FAR subject part in which the provision or clause is prescribed. The FAR provision or clause number is then completed by a hyphen and a sequential number assigned within each section of subpart 52.2. The following example illustrates the makeup of the FAR provision or clause number (see Figure 1 below).
(2) Provisions or clauses that supplement the FAR.
(i) Provisions or clauses that supplement the FAR are-
(A) Prescribed and included in authorized agency acquisition regulations issued within an agency to satisfy the specific needs of the agency as a whole;
(B) Prescribed and included in a regulation issued by a suborganization of an agency to satisfy the needs of that particular suborganization; or
(C) Developed for use at a suborganizational level of an agency, not meant for repetitive use, but intended to meet the needs of an individual acquisition and, thus, impractical to include in either an agency or suborganization acquisition regulation. (See 1.301(c).)
(ii) Supplemental provisions or clauses published in agency acquisition regulations shall be in full text and the prescription for the use of each shall be included. Supplemental provisions or clauses published in agency acquisition regulations shall be numbered in the same manner in which FAR provisions and clauses are numbered except that-
(A) If it is included in an agency acquisition regulation that is published in the Federal Register and is codified in Title 48, Code of Federal Regulations (48 CFR), the number shall be preceded by the chapter number within 48 CFR assigned by the CFR staff; and
(B) The sequential number shall be "70" or a higher number (see 1.303).
(iii) The sequential number at the end of the number of a provision or clause that supplements the FAR, like its counterpart at the end of any FAR provision or clause number, indicates the subsection location of the provision or clause in subpart 52.2 of the agency acquisition regulation that contains its full text. If, for example, an agency acquisition regulation contains only one provision followed by only one clause supplementing the FAR in its section 52.236 (Construction and Architect-Engineer Contracts), then the sequential numbers would be "70" for the provision and "71" for the clause.
(c) Prescriptions. Each provision or clause in subpart 52.2 is prescribed at that place in the FAR text where the subject matter of the provision or clause receives its primary treatment. The prescription includes all conditions, requirements, and instructions for using the provision or clause and its alternates, if any. The provision or clause may be referred to in other FAR locations.
(d) Introductory text. Within subpart 52.2, the introductory text of each provision or clause includes a cross-reference to the location in the FAR subject text that prescribes its use.
(e) Matrix.
(1) The matrix may be accessed via the internet at https://www.acquisition.gov/smart-matrix" target="_blank">https://www.acquisition.gov/smart-matrix. The matrix contains a column for each principal type and/or purpose of contract ( e.g., fixed-price supply, cost reimbursement research and development). The matrix lists the—
(i) Required solicitation provisions;
(ii) Required-when-applicable solicitation provisions;
(iii) Optional solicitation provisions;
(iv) Required contract clauses;
(v) Required-when-applicable contract clauses; and
(vi) Optional contract clauses.
(2) For each provision or clause listed, the matrix provides information on-
(i) Whether incorporation by reference is or is not authorized (see 52.102);
(ii) The section of the Uniform Contract Format (UCF) in which it is to be located, if it is used in an acquisition that is subject to the UCF;
(iii) Its number;
(iv) The citation of the FAR text that prescribes its use; and
(v) Its title.
(3) Since the matrix does not provide sufficient information to determine the applicability of a provision or clause in the "required-when-applicable" and "optional" categories, contracting officers shall refer to the FAR text (cited in the matrix) that prescribes its use.
(4) The FAR matrix may be reproduced at agency levels, and at subordinate levels, for the purpose of supplementing it with agency-developed provisions and clauses. The resulting consolidated matrices may be included in agency acquisition regulations.
(f) Dates. Since they are subject to revision from time to time, all provisions, clauses, and alternates are dated; e.g.,(Dec 1983). To avoid questions concerning which version of any provision, clause, or alternate is operative in any given solicitation or contract, its date shall be included whether it is incorporated by reference or in full text.