52.105
Procedures for using alternates
Always cite the correct alternate(s) and their dates when including FAR provisions or clauses in a contract, and never apply an alternate to a different provision or clause.
Overview
FAR 52.105 outlines the procedures for using alternates to standard provisions or clauses in government contracts. Alternates are used to accommodate significant variations in contract requirements and are clearly identified as "Alternate I," "Alternate II," etc. When an alternate is used, both the date of the basic provision or clause and the date of the alternate must be cited. If multiple alternates are used with a single provision or clause, each must be cited individually. Importantly, alternates are specific to their designated provision or clause and cannot be applied to others.
Key Rules
- Use of Alternates
- Alternates are prescribed for major variations and are identified in the FAR as "Alternate I," "Alternate II," etc.
- Citing Dates
- When using an alternate, cite both the date of the basic provision or clause and the date of the alternate.
- Multiple Alternates
- If more than one alternate is used, each must be cited, whether incorporated by reference or in full text.
- No Cross-Application
- Alternates cannot be applied to provisions or clauses other than those for which they are specifically designated.
Responsibilities
- Contracting Officers: Must ensure correct identification and citation of alternates and their dates when drafting or modifying contracts.
- Contractors: Should review contract clauses and alternates to understand their obligations and ensure compliance.
- Agencies: Oversee proper application and citation of alternates in contract documentation.
Practical Implications
- This section ensures clarity and legal precision in contract language by requiring accurate citation of alternates and their dates.
- Misapplication or incorrect citation of alternates can lead to compliance issues or disputes.
- Contractors should pay close attention to which alternates are included in their contracts and understand their specific requirements.