Overview
In the Federal Acquisition Regulation (FAR), the designation "[Reserved]" serves as a structural placeholder used to maintain numerical continuity when a section has been deleted, moved, or is being held for future regulatory additions. For section 52.244, while the top-level subpart heading and specific subsections (52.244-1 and 52.244-3) are reserved, the active requirements for subcontracting are contained in the surrounding non-reserved clauses.
Key Rules
- Structural Integrity: The use of "[Reserved]" prevents the renumbering of the entire FAR when a clause is removed, ensuring that cross-references in existing contracts and other regulations remain accurate.
- Lack of Regulatory Weight: A "[Reserved]" section contains no active "prescription" or "clause" language; therefore, it imposes no legal obligations or compliance requirements on either the Government or the contractor.
- Selective Application: The "Reserved" status of a parent heading (like 52.244) does not affect the validity of the active clauses nested within that series (such as 52.244-2 or 52.244-6).
- Deletion History: When a section is marked "[Reserved]," it typically indicates that a previous clause existed but was removed by a Federal Acquisition Circular (FAC) because it was redundant or obsolete.
Practical Implications
- Contracting Officers and contractors can skip these sections during the review of active solicitations, as they represent empty space in the current regulatory framework.
- If a legacy contract refers to a section that is currently "[Reserved]," the parties should refer to the version of the FAR in effect at the time of the original contract award to determine the applicable requirements.