Overview
FAR 52.107 prescribes the specific provisions and clauses that Contracting Officers must use to manage the incorporation of terms by reference, the notification of alterations, and the identification of authorized deviations within a solicitation or contract. It ensures administrative consistency in how legal requirements are presented to and modified for contractors.
Key Rules
- Incorporation by Reference: Contracting Officers must use provision 52.252-1 and clause 52.252-2 to include FAR requirements by reference rather than providing the full text.
- Alterations: Specific items (52.252-3 for solicitations and 52.252-4 for contracts) must be included whenever the government needs to revise or supplement standard parts of the acquisition documents.
- Authorized Deviations: If a FAR or supplemental provision/clause is used with an authorized deviation, the Contracting Officer must include 52.252-5 or 52.252-6 to notify the offeror or contractor.
- Labeling Requirements: When using a deviation, the original number, title, and date of the clause must be retained, but the word "(DEVIATION)" must be inserted immediately following the date.
Practical Implications
- These "incorporation" clauses allow contract documents to remain concise by referencing the FAR's online repository instead of printing hundreds of pages of standard text.
- The requirement to label deviations explicitly serves as a red flag for contractors, highlighting areas where the government has modified standard regulatory language, which may impact risk or pricing.