Overview
This section prescribes the policy and procedures for including FAR and agency-specific provisions and clauses in solicitations and contracts, emphasizing the use of incorporation by reference (IBR) to streamline procurement documentation. It establishes that electronic accessibility is the primary prerequisite for incorporating language by reference rather than providing the full text.
Key Rules
- Mandatory Preference for Reference: Provisions and clauses must be incorporated by reference to the maximum extent practicable, even if they require modifications, fill-in material, or completion by the offeror.
- Electronic Availability: Any provision or clause accessible electronically may be incorporated by reference, though the Contracting Officer must provide the full text if a prospective contractor requests it.
- Smart Matrix and Agency Exceptions: Even provisions not usually authorized for reference (per the FAR Smart Matrix) or agency-specific clauses can be incorporated by reference if the Contracting Officer identifies which ones require offeror completion and provides a specific electronic address for the full text.
- Group Listings: Agencies are permitted to use a single reference to a "group listing" of clauses for specific categories of contracts to reduce repetitive citations.
- Full Text Requirement: Full text is only mandatory if a clause is not available electronically and is either an agency-specific regulation or a FAR clause specifically restricted from incorporation by reference.
- Prohibited Incorporation Methods: Clauses cannot be incorporated by reference simply by listing them in the "Alterations in Solicitations" (52.252-3) or "Alterations in Contract" (52.252-4) sections.
Practical Implications
- Contractor Due Diligence: Contractors must be proactive in looking up referenced clauses online, as the absence of full text in the solicitation does not exempt them from compliance or from the requirement to complete "fill-in" sections and certifications.
- Efficiency in Administration: By utilizing the FAR Smart Matrix and electronic links, the government significantly reduces the page count and administrative burden of physical contract files.