FAR 13.303-4—Clauses.
Plain-English Summary
FAR 13.303-4 explains how clauses are handled in blanket purchase agreements (BPAs) established under simplified acquisition procedures. It covers two core topics: first, the contracting officer’s duty to include in each BPA all clauses prescribed elsewhere in FAR Part 13 that are required for, or applicable to, that specific BPA; and second, how to apply dollar thresholds in clause prescriptions when those prescriptions depend on a monetary amount. The section’s practical purpose is to make sure BPAs carry the right contractual terms up front, while also clarifying that, unless a clause prescription says otherwise, any dollar threshold is measured against the value of the individual order placed under the BPA—not the BPA’s overall ceiling or estimated value. In practice, this matters because BPA orders can vary widely in size and may trigger different clauses depending on the order amount. The rule helps contracting officers avoid under- or over-applying clauses and helps contractors understand which terms may attach to each order.
Key Rules
Insert applicable Part 13 clauses
The contracting officer must include in each BPA the clauses prescribed elsewhere in FAR Part 13 that are required for, or applicable to, that particular BPA. This means the BPA must be tailored to the acquisition and cannot rely on a generic clause set.
Use order value for thresholds
If a clause prescription includes a dollar threshold, the amount compared to that threshold is the amount of the individual order under the BPA. The BPA’s overall value is not the default comparison point unless the clause prescription specifically says otherwise.
Follow exceptions in clause prescriptions
The general order-level threshold rule applies only unless a clause prescription states a different method. The section points to examples in FAR 22.305(a), 22.605(a)(5), and 22.1006, showing that some clauses may require a different comparison basis.
Tailor clauses to the BPA
Clause inclusion depends on whether the clause is required or applicable to the particular BPA. Contracting officers must evaluate the BPA’s scope, ordering patterns, and applicable FAR prescriptions rather than inserting clauses mechanically.
Responsibilities
Contracting Officer
Determine which FAR Part 13 clauses are required or applicable to the BPA and insert them into the agreement. When a clause prescription contains a dollar threshold, compare that threshold to the value of each BPA order unless the prescription expressly directs otherwise.
Contractor
Review the BPA clauses and understand that order-level thresholds may trigger additional requirements on a per-order basis. Ensure compliance with any clauses incorporated into the BPA and any clauses that become applicable when individual orders exceed stated thresholds.
Agency
Support contracting personnel with policies, templates, and oversight that ensure BPAs include the correct clauses and that threshold-based clauses are applied consistently at the order level.
Practical Implications
The biggest day-to-day issue is that clause applicability may change from one BPA order to the next, so contracting officers must evaluate each order separately when a threshold is involved.
A common mistake is comparing a clause threshold to the BPA’s total estimated value instead of the value of the individual order; this can lead to missing required clauses or applying them unnecessarily.
Because the section refers to clauses prescribed elsewhere in Part 13, users must check the underlying clause prescription, not just this section, to confirm whether a clause applies and how thresholds are measured.
Contractors should not assume that a clause included in the BPA automatically governs every order in the same way; some requirements may only attach when a particular order crosses a threshold.
The cross-references to FAR 22.305(a), 22.605(a)(5), and 22.1006 signal that labor, wage, and related socioeconomic clauses may have special threshold rules, so careful clause-by-clause review is essential.
Official Regulatory Text
(a) The contracting officer shall insert in each BPA the clauses prescribed elsewhere in this part that are required for or applicable to the particular BPA. (b) Unless a clause prescription specifies otherwise ( e.g., see 22.305 (a), 22.605 (a)(5), or 22.1006 ), if the prescription includes a dollar threshold, the amount to be compared to that threshold is that of any particular order under the BPA.