Solicitation Provisions Incorporated by Reference
Provisions incorporated by reference are legally binding, so offerors must review and comply with all referenced requirements, even if not fully included in the solicitation.
Overview
FAR 52.252-1 allows contracting officers to incorporate solicitation provisions by reference rather than including their full text in the solicitation. This means that referenced provisions have the same legal effect as if they were fully written out. Offerors are responsible for reviewing these provisions, completing any required blocks, and submitting the necessary information with their offer or quotation. The contracting officer must provide the full text of any referenced provision upon request, and electronic access to the full text must be provided via specified internet addresses. This approach streamlines solicitations while ensuring all regulatory requirements are met.
Key Rules
- Incorporation by Reference
- Solicitation provisions may be incorporated by reference, carrying the same force as full text inclusion.
- Access to Full Text
- Contracting officers must provide the full text of any referenced provision upon request and list internet addresses for electronic access.
- Offeror Responsibilities
- Offerors must review referenced provisions, complete any required blocks, and submit the necessary information, even if the full text is not included in the solicitation.
Responsibilities
- Contracting Officers: Must ensure referenced provisions are accessible, provide full text upon request, and include relevant internet addresses in the solicitation.
- Contractors/Offerors: Must identify and comply with all referenced provisions, complete required sections, and submit all necessary information with their offer.
- Agencies: Oversee compliance with incorporation by reference procedures and ensure transparency for offerors.
Practical Implications
- This provision reduces solicitation length and administrative burden but requires diligence from offerors to review and comply with all referenced provisions. Failure to complete required blocks or understand referenced requirements can lead to non-compliant offers. Electronic access to provisions supports transparency and ease of compliance.