Identification of provisions and clauses
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 The section provides illustrative examples to clarify the correct identification format for both published and unpublished agency regulations.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.