FAR 13.302-5—Clauses.
Plain-English Summary
FAR 13.302-5 tells contracting officers what clauses must be included in purchase orders issued under simplified acquisition procedures and how to tailor those clauses for specific situations. It covers the general rule that every purchase order and purchase order modification must include all clauses prescribed for the acquisition, plus special clause requirements for advance payments on publication subscriptions, unpriced purchase orders, and simplified acquisitions over the micro-purchase threshold for noncommercial products and noncommercial services. It also explains how the standard simplified acquisition clause at 52.213-4 may be used, modified, or supplemented, and it gives specific instructions for domestic preference clauses when trade agreements apply, when supplies are acquired for use outside the United States, and when an alternate domestic content threshold applies under FAR 25.101(d). In practice, this section is important because it prevents missing or inconsistent terms in purchase orders, which can create enforceability problems, payment issues, or conflicts between clauses. It also helps contracting officers apply the correct Buy American or trade agreement language based on the acquisition’s place of use, competition status, and applicable domestic content rules.
Key Rules
Include all required clauses
Every purchase order and purchase order modification must incorporate all clauses prescribed for that acquisition. This is the baseline rule and means the contracting officer cannot omit mandatory terms just because the action is simplified or low dollar.
Use invoice clause for publication advances
The contracting officer must insert FAR 52.213-2, Invoices, in purchase orders that authorize advance payments for subscriptions or other charges for newspapers, magazines, periodicals, or other publications. This applies to the listed types of publications, including printed, microfilmed, photocopied, or electronically recorded formats.
Use notice clause for unpriced orders
The contracting officer must insert FAR 52.213-3, Notice to Supplier, in unpriced purchase orders. This clause is required to alert the supplier to the order structure and the need for later pricing or confirmation.
52.213-4 may be used for simplified acquisitions
For simplified acquisitions above the micro-purchase threshold that are for other than commercial products or commercial services, the contracting officer may use FAR 52.213-4, Terms and Conditions-Simplified Acquisitions (Other Than Commercial Products and Commercial Services). The clause is a standard compilation of commonly used terms for these acquisitions.
Modify 52.213-4 carefully
The clause at 52.213-4 may be modified by adding, deleting, or substituting provisions to fit the acquisition, but the changes must not create gaps or internal contradictions. For example, if inspection and acceptance or termination for convenience language is added, the existing related requirement must be removed or reconciled, and deleted paragraphs must be replaced with appropriate substitute language.
Apply the correct domestic preference clause
For supplies to be used within the United States when the acquisition cannot be set aside for small business and trade agreements apply, the contracting officer must substitute FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, with the appropriate Alternate, instead of FAR 52.225-1, Buy American-Supplies.
Remove Buy American clause for overseas use
When acquiring supplies for use outside the United States, the contracting officer must delete FAR 52.225-1 from the clause list in FAR 52.213-4(b). The domestic preference clause is not used in that overseas-use scenario.
Insert the correct domestic content threshold
When the senior procurement executive authorizes use of an alternate domestic content test under FAR 25.101(d), the contracting officer must fill in the domestic end product threshold in FAR 52.225-1 Alternate I based on the estimated award year: 60 percent for awards estimated in calendar years 2022 or 2023, 65 percent for 2024 through 2028, and 75 percent for awards estimated after 2028.
Responsibilities
Contracting Officer
Ensure every purchase order and purchase order modification includes all clauses prescribed for the acquisition; insert FAR 52.213-2 when advance payments are authorized for covered publications; insert FAR 52.213-3 in unpriced purchase orders; decide whether FAR 52.213-4 is appropriate for a simplified acquisition of noncommercial products or services; tailor 52.213-4 without creating contradictions or omissions; apply the correct Buy American or trade agreements clause; delete 52.225-1 when supplies are for use outside the United States; and complete the domestic content threshold in 52.225-1 Alternate I when the alternate test is authorized.
Senior Procurement Executive
Authorize use of the alternate domestic content test under FAR 25.101(d) when appropriate, which triggers the contracting officer’s duty to populate the correct threshold in the clause.
Supplier/Contractor
Review the purchase order clauses and comply with the incorporated terms, including invoice requirements, notice requirements, and any domestic preference or trade agreement provisions that apply to the order.
Agency
Ensure contracting personnel apply the correct simplified acquisition clause structure and domestic preference rules consistently, and support compliance with trade agreement and domestic content policy requirements.
Practical Implications
Missing a required clause can create payment, administration, or enforceability problems, so clause review is not optional even for simplified purchases.
The standard simplified acquisition clause is not a one-size-fits-all form; if you add or remove terms, you must check for internal conflicts and make sure every deleted concept is replaced appropriately.
Domestic preference language is highly situational: whether the supplies are for use inside or outside the United States, whether trade agreements apply, and whether the acquisition can be set aside for small business all affect which clause belongs in the order.
Advance payments for publications are a special case, and the invoice clause must be inserted when those payments are authorized.
When the alternate domestic content threshold applies, the contracting officer must use the correct percentage tied to the estimated award year; using the wrong threshold can make the clause inaccurate and potentially noncompliant.
Official Regulatory Text
(a) Each purchase order (and each purchase order modification (see 13.302-3 )) shall incorporate all clauses prescribed for the particular acquisition. (b) The contracting officer shall insert the clause at 52.213-2 , Invoices, in purchase orders that authorize advance payments (see 31 U.S.C. 3324(d)(2) ) for subscriptions or other charges for newspapers, magazines, periodicals, or other publications ( i.e., any publication printed, microfilmed, photocopied, or magnetically or otherwise recorded for auditory or visual usage). (c) The contracting officer shall insert the clause at 52.213-3 , Notice to Supplier, in unpriced purchase orders. (d) (1) The contracting officer may use the clause at 52.213-4 , Terms and Conditions-Simplified Acquisitions (Other Than Commercial Products and Commercial Services;), in simplified acquisitions exceeding the micro-purchase threshold that are for other than commercial products or commercial services (see 12.301 ). (2) The clause- (i) Is a compilation of the most commonly used clauses that apply to simplified acquisitions; and (ii) May be modified to fit the individual acquisition to add other needed clauses, or those clauses may be added separately. Modifications ( i.e., additions, deletions, or substitutions) must not create a void or internal contradiction in the clause. For example, do not add an inspection and acceptance or termination for convenience requirement unless the existing requirement is deleted. Also, do not delete a paragraph without providing for an appropriate substitute. (3) (i) When an acquisition for supplies for use within the United States cannot be set aside for small business concerns and trade agreements apply (see subpart 25.4 ), substitute the clause at 52.225-3 , Buy American-Free Trade Agreements-Israeli Trade Act, used with the appropriate Alternate (see 25.1101 (b)(1)), instead of the clause at 52.225-1 , Buy American-Supplies. (ii) When acquiring supplies for use outside the United States, delete clause 52.225-1 from the clause list at 52.213-4 (b). (4) When the senior procurement executive allows for application of an alternate domestic content test for the contract in accordance with 25.101 (d), so that the initial domestic content threshold will apply to the entire period of performance, the contracting officer shall fill in the 52.213-4 (b)(1)(xviii)(B) for 52.225-1 Alternate I as follows: For contracts that the contracting officer estimates will be awarded in calendar year 2022 or 2023, the contracting officer shall insert “60” in paragraph (1)(ii)(A) of the definition of domestic end product. For contracts that the contracting officer estimates will be awarded in calendar year 2024, 2025, 2026, 2027, or 2028, the contracting officer shall insert “65”. For contracts that the contracting officer estimates will be awarded after calendar year 2028 the contracting officer shall insert “75”.