7.305
Solicitation provisions and contract clause
FAR 7.305 requires contracting officers to include specific provisions and clauses in solicitations and contracts involving competitions between government and contractor performance, ensuring transparency and employee protections.
Overview
FAR 7.305 outlines the specific solicitation provisions and contract clause requirements for competitions between contractor and government performance. It mandates the inclusion of certain FAR clauses and provisions in solicitations and contracts when agencies are considering converting work from in-house (government) performance to contractor performance. The section ensures transparency and fairness in public-private competitions and protects the rights of affected government employees.
Key Rules
- Standard Competition Provision (52.207-1)
- Must be included in solicitations for standard competitions between government and contractor performance.
- Streamlined Competition Provision (52.207-2)
- Required in solicitations for streamlined competitions, which are simplified public-private competitions.
- Right of First Refusal Clause (52.207-3)
- Must be included in all solicitations and resulting contracts that may convert work from government to contractor performance, regardless of whether a public-private competition is held. The default 10-day period for employee right of first refusal can be extended up to 90 days by the contracting officer.
Responsibilities
- Contracting Officers: Ensure the correct provisions and clauses are inserted in relevant solicitations and contracts, and adjust the right of first refusal period if necessary.
- Contractors: Be aware of the provisions and clauses included in solicitations and contracts, especially regarding the right of first refusal for government employees.
- Agencies: Oversee compliance with these requirements to ensure fair and transparent competition and employee protections.
Practical Implications
- This section exists to standardize the process for competitions between government and contractor performance, ensuring fairness and legal compliance.
- It impacts daily contracting by requiring careful review and inclusion of specific FAR provisions and clauses in solicitations and contracts.
- Common pitfalls include failing to include the required provisions or not properly managing the right of first refusal period for affected employees.