Overview
Subpart 52.1 provides the administrative framework and technical instructions for applying Federal Acquisition Regulation (FAR) provisions and clauses to solicitations and contracts. It defines the standardized numbering system, explains how to use the FAR Matrix to determine clause applicability, and establishes the procedures for incorporating language either by reference or in full text.
Key Rules
- Numbering Convention: All FAR provisions and clauses begin with "52.2," followed by the two digits of the FAR part where the subject is prescribed, a hyphen, and a sequential number (e.g., 52.212-1).
- Incorporation by Reference: To keep contract documents manageable, provisions and clauses should be incorporated by reference to the "maximum practical extent" rather than printed in full text.
- Identification Requirements: Every provision or clause must be identified by its number, title, and specific date (e.g., Oct 1983). If a deviation is authorized, the word "(DEVIATION)" must follow the date.
- The FAR Matrix: Contracting Officers (COs) use the "Smart Matrix" (found at acquisition.gov) to identify which clauses are "Required," "Required-When-Applicable," or "Optional" based on the contract type.
- Agency Supplements: Provisions that supplement the FAR (agency-specific) follow a similar numbering scheme but typically use a sequential number of "70" or higher.
- Modifications: COs are strictly prohibited from modifying the substance of a clause unless the FAR specifically authorizes such a change (e.g., "The contracting officer may substitute...").
Responsibilities
- Contracting Officers:
- Ensuring the correct version (date) of a clause is used.
- Providing the full text of any clause incorporated by reference if an offeror requests it.
- Identifying all provisions/clauses that require "fill-in" information or completion by the contractor.
- Inserting mandatory provisions (52.252-1 through 52.252-6) to legally enable incorporation by reference or deviations.
- Agencies/Suborganizations:
- Publishing supplemental regulations in the Federal Register (if codified in 48 CFR).
- Developing and maintaining agency-specific clause matrices.
- Offerors/Contractors:
- Accessing the full text of clauses via the provided electronic addresses.
- Completing necessary "fill-in" material or representations and certifications as identified by the CO.
Practical Implications
- Leaner Contracts: By prioritizing "incorporation by reference," government contracts are significantly shorter. Instead of a 200-page document of boilerplate language, the contract cites the FAR numbers, and the legal weight remains the same.
- Version Control: The requirement to include the date of the clause is a critical safeguard. Because FAR clauses are updated frequently (e.g., to reflect new labor laws or cybersecurity requirements), the date ensures both the Government and the contractor are bound by the specific version of the rule that existed at the time of the award.
- Compliance Accuracy: For contractors, the "Required-When-Applicable" designation in the Matrix means they must read the "Prescription" in the FAR text. Simply looking at the Matrix title isn't enough; the contractor must verify if their specific situation (e.g., performing work overseas or using hazardous materials) triggers the clause.
- Transparency in Deviations: If a CO uses a version of a clause that varies from the standard FAR language, the "(DEVIATION)" tag alerts the contractor to look closely at what has changed, preventing "stealth" changes to standard contract terms.