52.103 Identification of provisions and clauses
Source: FAR 52.103 on acquisition.gov
Always identify every provision and clause in solicitations and contracts by number, title, date, and, when applicable, note any deviations or supplemental sources to ensure clarity and compliance.
Overview
FAR 52.103 establishes the requirements for properly identifying all provisions and clauses included in federal solicitations and contracts. It mandates that every FAR provision or clause, whether used in full text or by reference, must be clearly identified by its number, title, and date. If a deviation is authorized, "(DEVIATION)" must be added after the date, and contractors must be informed of its meaning through specific FAR provisions or clauses. Supplemental provisions or clauses (those outside the FAR) must also be identified by number, title, date, and the name of the regulation, with deviations similarly marked. Agency-developed provisions or clauses must include the agency or suborganization name. The section provides illustrative examples to clarify the correct identification format for both published and unpublished agency regulations.
Key Rules
- Identification of FAR Provisions and Clauses
- All FAR provisions/clauses must be identified by number, title, and date, whether used in full text or by reference.
- Deviations
- When a deviation is authorized, add "(DEVIATION)" after the date and inform contractors using FAR 52.252-5 or 52.252-6.
- Supplemental Provisions/Clauses
- Supplemental clauses must include number, title, date, and regulation name; deviations must be marked accordingly.
- Agency-Developed Clauses
- Agency-specific clauses must be identified by title, date, and agency/suborganization name.
- Examples Provided
- The regulation includes examples to illustrate proper identification formats.
Responsibilities
- Contracting Officers: Ensure all provisions and clauses are properly identified and deviations are clearly marked and communicated.
- Contractors: Review solicitations/contracts to verify correct identification and understand the implications of deviations.
- Agencies: Oversee compliance with identification requirements and provide guidance on deviations.
Practical Implications
- This section ensures transparency and clarity in contract documents, reducing confusion and disputes.
- Proper identification is critical for enforceability and compliance.
- Common pitfalls include omitting required identification elements or failing to mark deviations, which can lead to compliance issues.
(a) Whenever any FAR provision or clause is used without deviation in a solicitation or contract, whether it is incorporated by reference or in full text, it shall be identified by number, title, and date. This identification shall also be used if the FAR provision or clause is used with an authorized deviation, except that the contracting officer shall then insert "(DEVIATION)" after the date. Solicited firms and contractors will be advised of the meaning of this insertion through the use of the (1) provision at 52.252-5, Authorized Deviations in Provisions, or (2) clause at 52.252-6, Authorized Deviations in Clauses. The above mentioned provision and clause are prescribed in 52.107(e) and (f).
(b) Any provision or clause that supplements the FAR whether it is incorporated by reference or in full text shall be clearly identified by number, title, date, and name of the regulation. When a supplemental provision or clause is used with an authorized deviation, insert "(DEVIATION)" after the name of the regulation.
(c) A provision or clause of the type described in 52.101(b)(2)(i)(C) shall be identified by the title, date, and the name of the agency or suborganization within the agency that developed it.
(d) Except for provisions or clauses covered by 52.103(c), the following hypothetical examples illustrate how a provision or clause that supplements the FAR shall be identified when it is incorporated in solicitations and/or contracts by reference or in full text:
(1) If part 14 (Sealed Bidding) of the X Agency Acquisition Regulation, published in the Federal Register and codified as Chapter 99 in 48 CFR, prescribes the use of a provision entitled "Bid Envelopes," dated October 1983, and that provision is sequentially the first provision or clause appearing in Section 52.214 of the X Agency Acquisition Regulation, then the identification of that provision shall be "9952.214-70-Bid Envelopes (Oct 1983)."
(2) Assume that Y, a major organizational element of the X Agency, is authorized to issue the Y Acquisition Regulation, which is not published in the Federal Register and codified in 48 CFR. If part 36 (Construction and Architect-Engineer Contracts) of the Y Acquisition Regulation prescribes the use of a clause entitled "Refrigerated Display Cases," dated March 1983, pertaining to a specialized type of construction work, and that clause is sequentially the second provision or clause appearing in Section 52.236 of the Y Acquisition Regulation, then the identification of that clause shall be "52.236-71-Refrigerated Display Cases (Mar 1983)-Y Acquisition Regulation."