52.213-4
Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services)
FAR 52.213-4 requires contractors on simplified acquisitions (other than commercial items) to comply with a broad set of referenced FAR clauses, and establishes key requirements for inspection, delays, termination, and warranties.
Overview
FAR 52.213-4 establishes the standard terms and conditions for simplified acquisitions that do not involve commercial products or commercial services. This clause incorporates by reference a wide range of FAR clauses, including those required by law or executive order, and additional clauses that may apply depending on the contract’s nature, value, and performance location. It also sets forth requirements for inspection and acceptance, excusable delays, termination for convenience or cause, and warranty obligations. The clause is designed to streamline compliance for simplified acquisitions while ensuring key statutory and regulatory protections remain in place.
Key Rules
- Incorporation of FAR Clauses
- Contractors must comply with a comprehensive list of FAR clauses, many of which are triggered by contract value, type, or performance location. These include prohibitions on certain products, labor standards, equal opportunity, payment terms, and more.
- Inspection and Acceptance
- Only conforming items should be tendered; the government reserves the right to inspect, require correction, or reject nonconforming supplies/services.
- Excusable Delays
- Contractors are not liable for delays beyond their control but must promptly notify the contracting officer and take reasonable steps to remedy the situation.
- Termination
- The government may terminate for convenience or cause, with specific procedures for payment and liability depending on the reason for termination.
- Warranty
- Contractors warrant that delivered items are merchantable and fit for their intended use.
Responsibilities
- Contracting Officers: Must ensure the correct clauses are included and enforced, and manage inspection, acceptance, and termination processes.
- Contractors: Must comply with all incorporated clauses, provide conforming goods/services, maintain records, and respond to government notifications regarding delays or terminations.
- Agencies: Oversee compliance, provide clause text upon request, and enforce statutory and regulatory requirements.
Practical Implications
- This clause ensures that even simplified acquisitions are subject to essential legal and regulatory protections.
- Contractors must be vigilant in identifying which clauses apply to their specific contract and ensure compliance with all referenced requirements.
- Common pitfalls include overlooking applicable clauses due to contract value or type, failing to notify the government of excusable delays, or misunderstanding termination and warranty obligations.