Overview
FAR 52.101 explains the systematic organization, numbering, and application of provisions and clauses used in Federal government solicitations and contracts. It establishes the framework for how standard FAR clauses and agency-specific supplements are identified and cross-referenced with their regulatory prescriptions.
Key Rules
- Definition of Modification: A "modification" to a clause is defined as a minor, FAR-authorized change in detail that does not alter the substance of the provision or clause.
- Numbering Convention:
- All FAR provisions and clauses reside in subpart 52.2.
- The numbering structure consists of "52.2" + the "FAR Subject Part" + a hyphen and a sequential number (e.g., 52.215-1 is prescribed in FAR Part 15).
- Agency Supplements: Supplemental clauses must follow the same numbering pattern but include the agency’s Chapter number (e.g., 252 for DOD) and use sequential numbers starting at "70" or higher.
- Prescriptions: Every clause in Part 52 has a corresponding "prescription" in the main FAR text (Parts 1-51) that dictates exactly when, where, and how the clause must be used.
- The FAR Matrix: A digital tool (Smart Matrix) provides a roadmap for which clauses are "Required," "Required-when-applicable," or "Optional" based on the contract type and purpose.
- Mandatory Dating: Every provision, clause, and alternate must include its specific date (e.g., "OCT 2023") to ensure the legally correct version is identified in the contract.
Practical Implications
- Verification of Authority: Contracting Officers and contractors should not rely solely on the clause text in 52.2; they must reference the "prescription" cited in the clause's introductory text to determine if the clause is legally required for a specific procurement.
- Version Control: Because FAR clauses are frequently updated, the inclusion of the month and year is critical for resolving disputes regarding which version of a regulation was in effect at the time of contract award.
- Standardization: The numbering system allows practitioners to immediately identify the subject matter of a clause (e.g., Part 19 clauses deal with Small Business) and whether it is a standard FAR requirement or a unique agency supplement.