52.213-4
Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services)
FAR 52.213-4 simplifies award administration, but contractors must still identify every incorporated and conditionally triggered clause and be ready to document performance, delays, compliance, and termination costs.
Overview
- FAR 52.213-4 is the core terms-and-conditions clause used in simplified acquisitions for other than commercial products and commercial services. It streamlines contract administration by incorporating many mandatory and conditional FAR clauses by reference while also setting baseline rules for inspection, delays, termination, and warranty.
- Its purpose is to give contracting officers a compact clause for simplified buys while still preserving key statutory, labor, supply chain, payment, and performance protections.
Key Rules
- Incorporated clauses—always applicable
- Paragraph (a) requires compliance with a set of clauses that always apply, including prohibitions involving certain confidentiality agreements, Kaspersky, covered telecom/video surveillance equipment, ByteDance-covered applications, supply chain security orders, convict labor, segregation, equal opportunity, foreign purchase restrictions, accelerated payments to small business subcontractors, protests after award, breach claims, payments, prompt payment, disputes, commercial-item subcontract flowdowns, and computer-generated forms.
- Conditional clauses—apply when circumstances trigger them
- Paragraph (b) adds numerous clauses that apply only when specified conditions are met, such as contract value thresholds, supply versus service contracts, U.S. place of performance, food service, ocean transport, U.S.-flag air carriage, Federal facility services, refrigeration work, sustainable products, EFT payment method, and information-system handling of Federal contract information.
- Core performance terms
- Paragraphs (c) through (h) establish that incorporated clauses have full force, allow Government inspection and rejection of nonconforming work, require prompt written notice of excusable delays, permit termination for convenience or cause, and impose an implied warranty that delivered items are merchantable and fit for purpose.
Responsibilities
- Contracting Officers: determine which conditional clauses in paragraph (b) apply based on thresholds, place of performance, contract type, and agency-specific exceptions; provide access to incorporated clauses; and administer inspection, acceptance, and termination rights.
- Contractors: comply with all incorporated clauses, monitor whether conditional clauses are triggered, deliver conforming supplies/services, notify the Government promptly of excusable delays, stop work immediately upon termination notice, and maintain records supporting termination-for-convenience charges.
- Agencies: enforce statutory sourcing, labor, trafficking, cybersecurity, environmental, and payment requirements embedded through the incorporated clauses.
Practical Implications
- This clause matters because simplified acquisitions still carry significant compliance obligations even though the buying method is streamlined.
- Contractors cannot treat these awards as “light paperwork” contracts; incorporated-by-reference clauses can impose reporting, sourcing, labor, cybersecurity, trafficking, and subcontract flowdown duties.
- Common pitfalls include overlooking conditional clause triggers, failing to give timely written delay notices, assuming noncommercial simplified buys lack inspection/warranty exposure, and lacking documentation to support termination settlement charges.