Incorporating provisions and clauses
Incorporate provisions and clauses by reference whenever practical, ensuring electronic access and proper notification to offerors, to streamline contract documentation and maintain compliance.
Overview
FAR 52.102 provides detailed guidance on how contracting officers should incorporate provisions and clauses into solicitations and contracts. The regulation emphasizes incorporating by reference whenever practical, rather than including the full text, to streamline documentation and reduce redundancy. It outlines specific scenarios where incorporation by reference is appropriate, including when alternates, fill-ins, or offeror completion are required. The section also addresses electronic accessibility, agency-specific provisions, and the use of group listings. It mandates full-text inclusion only when electronic access is unavailable or when required by regulation. Additionally, it prohibits incorporation by reference through certain alteration provisions or clauses.
Key Rules
- Incorporation by Reference Preferred
- Provisions and clauses should be incorporated by reference whenever possible, even if they require alternates, fill-ins, or offeror completion.
- Electronic Accessibility
- Provisions and clauses accessible electronically may be incorporated by reference, except those in 52.107; full text must be provided upon request.
- Agency and Non-Reference Clauses
- Agency-approved or non-reference-authorized clauses need not be in full text if a statement identifies required completions and provides electronic access.
- Group Listings
- Agencies may use group listings for categories of contracts, provided these are available electronically.
- Full Text Requirement
- If a provision or clause is not electronically available, it must be included in full text.
- Prohibited Incorporation Methods
- Provisions or clauses cannot be incorporated by reference via 52.252-3 or 52.252-4.
Responsibilities
- Contracting Officers: Must determine the appropriate method of incorporation, ensure electronic access, provide full text upon request, and comply with notification and listing requirements.
- Contractors: Must review referenced provisions and clauses, complete required sections, and access full texts as needed.
- Agencies: May develop group listings and must ensure electronic availability where applicable.
Practical Implications
- This section streamlines contract documentation and reduces administrative burden by promoting incorporation by reference. Contractors must be diligent in reviewing referenced clauses, as they are legally binding even if not included in full text. Failure to access or complete required provisions can lead to compliance issues or proposal rejection.