FAR 13.303-8—Optional clause.
Plain-English Summary
FAR 13.303-8 is a narrow, permissive provision about what contract clause may be used in blanket purchase agreements (BPAs) established under the simplified acquisition procedures in FAR Part 13. Specifically, it addresses the optional use of the clause at 52.213-4, Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services), in BPAs created under this subpart. The section does not impose a mandatory clause requirement; instead, it gives contracting officers discretion to include this clause when setting up BPAs for noncommercial simplified acquisitions. In practice, this matters because the clause supplies a ready-made set of terms and conditions that can help standardize BPA administration, reduce drafting effort, and clarify expectations between the government and the supplier. The section is important for acquisition planning because it signals that BPA terms are not one-size-fits-all and that the contracting officer must decide whether this clause fits the acquisition strategy, the type of supplies or services being ordered, and the level of detail needed to manage the BPA effectively.
Key Rules
Clause is optional
The clause at 52.213-4 may be used in BPAs established under FAR 13.303. The word "may" means the clause is authorized but not required.
Applies to noncommercial simplified acquisitions
This provision points to the version of 52.213-4 for acquisitions other than commercial products and commercial services. It is therefore aimed at BPAs used for noncommercial simplified acquisition needs.
Used when establishing BPAs
The rule concerns the terms and conditions included in the BPA itself, not the individual call or order unless incorporated there. The contracting officer decides whether the clause belongs in the BPA structure.
Supports standardized BPA terms
Using the clause can provide a common set of terms and conditions for recurring purchases, helping reduce the need to negotiate or draft separate terms for each order.
Responsibilities
Contracting Officer
Decide whether to include 52.213-4 when establishing a BPA under FAR 13.303. Ensure the BPA terms fit the acquisition, the noncommercial nature of the requirement, and the agency’s ordering and administration needs.
Agency
Provide acquisition policy, oversight, and internal guidance on when this optional clause should be used in BPAs. Ensure BPA templates and procedures align with FAR Part 13 requirements.
Contractor
Review the BPA terms and understand that 52.213-4 may be part of the agreement. Be prepared to comply with the BPA’s stated terms and conditions if the clause is included.
Practical Implications
This section gives contracting officers flexibility, but it also means they must make an affirmative judgment about whether the clause is useful for the BPA.
A common pitfall is assuming the clause is automatically required in every BPA under FAR 13.303; this section says it is optional.
Because the clause applies to noncommercial simplified acquisitions, users should not confuse it with rules for commercial products or commercial services.
If the clause is included, it can simplify recurring ordering and administration, but the BPA still needs to be tailored to the actual buying pattern and risk level.
Contractors should check the BPA carefully, because the presence or absence of 52.213-4 affects the governing terms for future calls or orders.
Official Regulatory Text
The clause at 52.213-4 , Terms and Conditions-Simplified Acquisitions (Other Than Commercial Products and Commercial Services;), may be used in BPAs established under this section.