Contract Clause Alternates

Started by Virginia - KO · Aug 11, 2016 · 6 replies

  1. V

    Virginia - KO

    Aug 11, 2016 · 9y ago

    Original post

    We have an internal discussion on contract clauses and their alternates.  If the alternate to a clause is required is the main clause also required in the contract?  Doesn't the alternate take the place of the main clause?

    Thanks.

  2. j

    joel hoffman

    Aug 11, 2016 · 9y ago · edited 9y ago

    Please provide a specific example.  

     The prescription for the clause and/or the clause instructions after the body of the clause explain what is required, such as:"...use the clause and alternate #1 in place of..." or "If...substitute alternate...for...", etc.  See for example, clause 52.232-16, Progress Payments and its prescription for use at 32.502-4.

  3. b

    boricua

    Aug 11, 2016 · 9y ago

    Hello Virginia-KO

    Usually the alternate just modifies the main one, adding or replacing a specific paragraph to suit a specific situation such as, for example, FP, vs cost; R&D vs Major Systems vs AE; foreign vs US-based, competed vs sole source; etc.

    I encourage you to take the time to read the actual clause/provision the matrix tells you to use to better understand its application and how it affects your contract.

  4. b

    boricua

    Aug 11, 2016 · 9y ago

    joel hoffman said:

    Please provide a specific example.  

     The prescription for the clause and/or the clause instructions after the body of the clause explain what is required, such as:"...use the clause and alternate #1 in place of..." or "If...substitute alternate...for...", etc.  See for example, clause 52.236-16, Progress Payments.

    Hello Joel Hoffman,

    52.232-16

  5. j

    joel hoffman

    Aug 11, 2016 · 9y ago

    boricua said:

    Hello Joel Hoffman,

    52.232-16

    Thanks, I pushed the submit button too soon.  So did you. 😜

  6. G

    Guest Vern Edwards

    Aug 11, 2016 · 9y ago

    Read FAR 52.105.

  7. m

    metteec

    Aug 11, 2016 · 9y ago

    An example of including two versions of the same clause is a software requirement where the Contractor must provide both restricted use code and limited rights for software.  An agency may require restricted use access to a software's security authentication code under FAR Clause 52.227-14, Rights in Data-General [Alternate III].  However, FAR Clause 52.227-14 [Alternate I], could also included for other software delivered under the contract where the agency did not require the code, but only required limited rights to the software.  Thus, you have two versions of the data rights clause in the same contract.  In this instance, it makes sense to identify in the solicitation/contract the clause that applies to each requirement.

    However, if the contract required all restricted rights software, include only FAR Clause 52.227-14 [Alternate III], not any other variations of the clause.

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