Overview
FAR 52.252 provides the administrative instructions and "boilerplate" language used to incorporate solicitation provisions and contract clauses by reference, identify specific alterations to the document, and flag authorized deviations from standard regulatory language. These sections ensure that the legal weight of a contract is maintained even when the full text is not printed, while providing transparency when standard rules are modified.
Key Rules
- Incorporation by Reference (52.252-1 & 52.252-2): Provisions and clauses listed by reference have the same legal force and effect as if they were provided in full text. The Contracting Officer must provide the full text upon request or provide a web address where they can be accessed.
- Handling "Fill-ins": For provisions incorporated by reference that require the offeror to complete specific information (blocks), the offeror may submit just the paragraph identifier and the required information rather than the entire text.
- Alterations (52.252-3 & 52.252-4): These sections are used to explicitly list and identify any portions of the solicitation or contract that have been revised or supplemented from their standard form.
- Authorized Deviations (52.252-5 & 52.252-6): If a FAR or agency-supplement clause is used with an authorized deviation (a legal departure from the standard language), the Contracting Officer must insert "(DEVIATION)" after the date of the clause to alert the contractor.
Practical Implications
- Due Diligence: Contractors are legally bound by the "full text" of any clause incorporated by reference; therefore, they must proactively look up these clauses to ensure compliance, as ignorance of a referenced clause is not a valid legal defense.
- Contractual Transparency: The "Alterations" and "Deviations" sections serve as critical "red flags" for contractors, highlighting exactly where a specific contract departs from standard federal norms and allowing for more accurate risk assessment during the bidding process.