Overview
This section prescribes the mandatory standard formatting for identifying FAR provisions and clauses in solicitations and contracts, ensuring that standard, supplemental, and deviated language is clearly distinguishable to all parties.
Key Rules
- Standard Identification: Every FAR provision or clause must be identified by its number, title, and date, regardless of whether it is incorporated by reference or in full text.
- Deviations: If a FAR or supplemental clause is used with an authorized deviation, the word "(DEVIATION)" must be inserted after the date (for FAR) or after the regulation name (for supplements).
- Supplemental Clauses: Provisions that supplement the FAR must include the number, title, date, and the specific name of the agency regulation (e.g., DFARS, GSAR).
- Notification Requirements: When deviations are used, Contracting Officers must include FAR 52.252-5 or 52.252-6 to explain the "DEVIATION" notation to the contractor.
- Agency-Specific Clauses: Clauses developed by specific suborganizations or those not codified in the CFR must be identified by title, date, and the name of the specific agency or suborganization.
Practical Implications
- Version Control: By requiring the specific date and number, this rule ensures contractors can track the exact version of a clause in effect at the time of the award, which is critical for compliance and legal interpretation.
- Risk Awareness: The "(DEVIATION)" tag serves as a red flag to contractors that the standard FAR language has been modified, signaling the need for a careful review of how those changes might affect performance costs or legal liability.