52.104 Procedures for modifying and completing provisions and clauses
Source: FAR 52.104 on acquisition.gov
Only modify or complete contract provisions and clauses as specifically authorized by the FAR, and always document changes or fill-ins clearly and precisely.
Overview
FAR 52.104 outlines the procedures contracting officers must follow when modifying or completing provisions and clauses in government contracts. It strictly limits modifications to only those authorized by the FAR and provides detailed instructions for how to document changes or fill in blanks, depending on whether the provision or clause is incorporated by reference or in full text. The section ensures clarity and traceability in contract documentation, reducing ambiguity and supporting compliance.
Key Rules
- Authorized Modifications Only
- Contracting officers may only modify provisions and clauses if the FAR specifically allows it, with examples provided for clarity.
- Modifying Incorporated by Reference
- Changes to provisions or clauses incorporated by reference must be clearly documented below the title, specifying the exact part being modified.
- Modifying Incorporated in Full Text
- For full-text incorporations, the actual language of the provision or clause should be directly modified as permitted.
- Completing Blanks (By Reference)
- Fill-in information for referenced provisions or clauses must be inserted below the title, identifying the specific blank being completed.
- Completing Blanks (Full Text)
- Fill-in information for full-text provisions or clauses should be entered directly into the blanks provided.
Responsibilities
- Contracting Officers: Ensure modifications and completions are only made as authorized, and document all changes or fill-ins according to the specified procedures.
- Contractors: Review contract documents to confirm that modifications and fill-ins are properly executed and authorized.
- Agencies: Oversee compliance with these procedures to maintain contract integrity and auditability.
Practical Implications
- This section exists to prevent unauthorized or unclear modifications to contract provisions and clauses, which could lead to disputes or compliance issues.
- It impacts daily contracting by requiring precise documentation and adherence to FAR-authorized changes.
- Common pitfalls include unauthorized modifications or unclear documentation of changes, which can jeopardize contract enforceability.
(a) The contracting officer must not modify provisions and clauses unless the FAR authorizes their modification. For example-
(1) "The contracting officer may use a period shorter than 60 days (but not less than 30 days) in paragraph (x) of the clause"; or
(2) "The contracting officer may substitute the words ‘task order’ for the word ‘Schedule’ wherever that word appears in the clause."
(b) When modifying provisions or clauses incorporated by reference, insert the changed wording directly below the title of the provision or clause identifying to the lowest level necessary (e.g., paragraph, sentence, word), to clearly indicate what is being modified.
(c) When modifying provisions or clauses incorporated in full text, modify the language directly by substituting the changed wording as permitted.
(d) When completing blanks in provisions or clauses incorporated by reference, insert the fill-in information directly below the title of the provision or clause identifying to the lowest level necessary to clearly indicate the blanks being filled in.
(e) When completing blanks in provisions or clauses incorporated in full text, insert the fill-in information in the blanks of the provision or clause.