52.252-1 Solicitation Provisions Incorporated by Reference
Source: FAR 52.252-1 on acquisition.gov
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.
As prescribed in 52.107(a), insert the following provision:
Solicitation Provisions Incorporated by Reference (Feb 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
_____________________________________________ _____________________________________________ _____________________________________________ [Insert one or more Internet addresses]
(End of provision)