FAR Clauses vs Provisions

On 6/27/2024 at 4:31 PM, Travis said:

If a contract will have FAR Clause 52.222-26 Equal Opportunity the solicitation should also have the provision 52.222-25 Affirmative Action. My question is this - I know the FAR the provision should be in solicitation; however, it doesn’t say we can’t add it to contract award. Should we leave that provision out of the contract award or “if” decided we can add it?

Thoughts?

By definition, a solicitation provision is a term or condition used only in solicitations and applying only before contract award (see definition at FAR 2.101). The provision at FAR 52.222-25 is a representation that an offeror completes in response to a solicitation. If the provision was in a solicitation and it was completed by an offeror that was subsequently awarded a contract, the completed provision would be incorporated in the contract by operation of the clause at FAR 52.204-19 or similar clause.

Incorporating the provision in the contract without the contractor's response would be pointless. Have you read the provision?

Don Mansfield said:

If the provision was in a solicitation and it was completed by an offeror that was subsequently awarded a contract, the completed provision would be incorporated in the contract by operation of the clause at FAR 52.204-19 or similar clause.

To elaborate on what Don described:

“52.2804-19 As prescribed in 4.1202(b), insert the following clause.

“ Incorporation by Reference of Representations and Certifications (Dec 2014)

The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.”

(End of clause)”

So, no need to directly incorporate the Provision (which doesn’t include the certification and responses), right?