52.252-2
Clauses Incorporated by Reference
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.