52.107 Provisions and clauses prescribed in subpart 52.1
Source: FAR 52.107 on acquisition.gov
FAR 52.107 mandates the use of specific clauses and procedures to ensure all incorporated, altered, or deviated solicitation provisions and contract clauses are clearly identified and properly referenced.
Overview
FAR 52.107 outlines the mandatory use of specific provisions and clauses by contracting officers when incorporating, altering, or deviating from standard solicitation provisions and contract clauses. It prescribes the use of six key FAR clauses (52.252-1 through 52.252-6) to ensure that provisions and clauses are properly referenced, altered, or identified when deviations are authorized. This section ensures consistency, clarity, and legal sufficiency in federal solicitations and contracts by standardizing how these elements are incorporated and communicated to contractors.
Key Rules
- Incorporation by Reference
- Use 52.252-1 for provisions and 52.252-2 for clauses to incorporate them by reference in solicitations and contracts.
- Alterations
- Use 52.252-3 for altering solicitation provisions and 52.252-4 for altering contract clauses, except when deviations are authorized.
- Authorized Deviations
- Use 52.252-5 for provisions and 52.252-6 for clauses when authorized deviations are included, and clearly identify deviations by adding “(DEVIATION)” after the date.
Responsibilities
- Contracting Officers: Must insert the correct FAR provisions and clauses as prescribed, properly identify any deviations, and ensure all references and alterations are clearly documented.
- Contractors: Must review solicitations and contracts for these references and understand the implications of incorporated, altered, or deviated provisions and clauses.
- Agencies: Oversee compliance with FAR requirements for clause and provision usage, especially regarding deviations.
Practical Implications
- Ensures all parties are aware of which provisions and clauses apply, including any changes or deviations.
- Reduces ambiguity and legal risk by standardizing how clauses and provisions are referenced and altered.
- Common pitfalls include failing to properly identify deviations or omitting required references, which can lead to disputes or compliance issues.
(a) The contracting officer shall insert the provision at 52.252-1, Solicitation Provisions Incorporated by Reference, in solicitations in order to incorporate provisions by reference.
(b) The contracting officer shall insert the clause at 52.252-2, Clauses Incorporated by Reference, in solicitations and contracts in order to incorporate clauses by reference.
(c) The contracting officer shall insert the provision at 52.252-3, Alterations in Solicitation, in solicitations in order to revise or supplement, as necessary, other parts of the solicitation that apply to the solicitation phase only, except for any provision authorized for use with a deviation.
(d) The contracting officer shall insert the clause at 52.252-4, Alterations in Contract, in solicitations and contracts in order to revise or supplement, as necessary, other parts of the contract, or parts of the solicitations that apply to the contract phase, except for any clause authorized for use with a deviation.
(e) The contracting officer shall insert the provision at 52.252-5, Authorized Deviations in Provisions, in solicitations that include any FAR or supplemental provision with an authorized deviation. Whenever any FAR or supplemental provision is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the provision when it is used without deviation, include regulation name for any supplemental provision, except that the contracting officer shall insert "(DEVIATION)" after the date of the provision.
(f) The contracting officer shall insert the clause at 52.252-6, Authorized Deviations in Clauses, in solicitations and contracts that include any FAR or supplemental clause with an authorized deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert "(DEVIATION)" after the date of the clause.