52.214-29
Order of Precedence-Sealed Bidding
FAR 52.214-29 provides a clear hierarchy for resolving contract inconsistencies in sealed bidding, ensuring all parties know which documents take precedence.
Overview
- FAR 52.214-29 establishes the order of precedence for resolving inconsistencies in sealed bidding solicitations and contracts. This clause provides a clear hierarchy to determine which contract documents take priority if there is a conflict between terms, ensuring all parties understand how to interpret the contract.
Key Rules
- Order of Precedence
- If there is any inconsistency in the solicitation or contract, the following order determines which document prevails: (a) The Schedule (excluding specifications), (b) Representations and other instructions, (c) Contract clauses, (d) Other documents, exhibits, and attachments, and (e) The specifications.
- Mandatory Clause
- This clause must be included in sealed bidding contracts as prescribed by FAR 14.201-7(d).
Responsibilities
- Contracting Officers: Must include this clause in applicable solicitations and contracts and use the order of precedence to resolve any inconsistencies.
- Contractors: Should review contract documents in the order specified to resolve conflicts and seek clarification if inconsistencies remain.
- Agencies: Ensure proper application of the clause and provide guidance when disputes arise.
Practical Implications
- This clause exists to prevent disputes and confusion by providing a clear method for resolving conflicting contract terms. It impacts daily contracting by guiding both parties on how to interpret the contract, reducing the risk of misinterpretation. Common issues include failing to recognize the hierarchy or not applying it correctly when inconsistencies are found.