52.252-2 Clauses Incorporated by Reference
Source: FAR 52.252-2 on acquisition.gov
Clauses incorporated by reference are fully binding, so contractors must review and comply with all referenced clauses as if they were included in full text.
Overview
FAR 52.252-2, "Clauses Incorporated by Reference," allows contracts to include FAR and agency clauses by referencing them rather than reproducing their full text. This clause ensures that referenced clauses have the same legal force as if they were written out in full within the contract. Contractors are informed that they may request the full text of any incorporated clause from the Contracting Officer, and the clause provides for the inclusion of internet addresses where the full text can be accessed electronically. This streamlines contract documents while ensuring all parties have access to the complete regulatory language.
Key Rules
- Clauses Incorporated by Reference
- Clauses referenced in the contract are legally binding as if fully stated in the contract text.
- Access to Full Text
- Contractors can request the full text of any incorporated clause from the Contracting Officer or access it via provided internet addresses.
Responsibilities
- Contracting Officers: Must provide the full text of incorporated clauses upon request and include relevant internet addresses in the contract.
- Contractors: Must be aware that referenced clauses are binding and review them as needed for compliance.
- Agencies: Should ensure referenced clauses are accessible and that contracts include accurate reference information.
Practical Implications
- This clause reduces contract length and administrative burden by referencing standard clauses instead of reproducing them.
- Contractors must proactively review referenced clauses to ensure compliance, as ignorance of their content is not a defense.
- Common issues include failure to review referenced clauses or not knowing where to find their full text.
As prescribed in 52.107(b), insert the following clause:
Clauses Incorporated By Reference (Feb 1998)
This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es):
_____________________________________________ _____________________________________________ _____________________________________________ [Insert one or more Internet addresses]
(End of clause)