FAR 15.209—Solicitation provisions and contract clauses.
Plain-English Summary
FAR 15.209 tells contracting officers which solicitation provisions and contract clauses must be included when using negotiated acquisitions. It covers the competitive acquisition instructions provision at 52.215-1, including when to use the basic provision, Alternate I for discussions, and a modified version for alternate proposals; the Audit and Records—Negotiation clause at 52.215-2, including its normal use, exceptions, and special alternates for American Recovery and Reinvestment Act (ARRA) funding, cost-reimbursement contracts with State and local governments, educational institutions, and nonprofits, and cases where the Comptroller General audit right has been waived; the information/planning purposes provision at 52.215-3; the facsimile proposals provision at 52.215-5; the place of performance provision at 52.215-6; and the order of precedence clause at 52.215-8 for Uniform Contract Format solicitations and contracts. In practice, this section is a checklist rule: it tells the contracting officer exactly which FAR clauses to insert based on the acquisition method, funding source, contract type, and whether the solicitation is for planning only or allows fax proposals. The purpose is to ensure offerors receive the right instructions, the Government preserves needed audit and records rights, and the solicitation/contract structure is legally consistent. For contractors, these clauses affect proposal preparation, record retention, audit exposure, and how the Government will interpret the solicitation and contract if there is a conflict among documents.
Key Rules
Use 52.215-1 in competitive negotiations
In all competitive negotiated solicitations where the Government intends to award without discussions, the contracting officer must insert the basic Instructions to Offerors—Competitive Acquisition provision. If discussions are planned with offerors in the competitive range, Alternate I must be used instead.
Allow alternate proposals only by modification
If the Government is willing to accept alternate proposals, the contracting officer must modify the basic 52.215-1 provision to add a paragraph (c)(9) substantially the same as Alternate II. This is not optional language; the solicitation must clearly authorize alternate offers.
Insert audit clause unless an exception applies
The Audit and Records—Negotiation clause at 52.215-2 must be included in solicitations and contracts unless the acquisition is at or below the simplified acquisition threshold, is for certain utility services at public rates, or is for exempt commercial products or commercial services under 15.403-1.
Apply ARRA special rules when funded by ARRA
When ARRA funds are used, the normal exceptions to 52.215-2 do not apply and Alternate I must be used. For bilateral modifications or task/delivery-order contracts only partly funded by ARRA, the contracting officer must specify which modification, task, or delivery orders are subject to Alternate I.
Use special alternates for certain entities and waivers
For cost-reimbursement contracts with State and local governments, educational institutions, and other nonprofit organizations, the contracting officer must use 52.215-2 with Alternate II. If the agency head has waived Comptroller General examination rights under 25.1001, Alternate III must be used.
Mark planning-only solicitations clearly
When a solicitation is issued for information or planning purposes, the contracting officer must insert 52.215-3 and clearly mark the face of the solicitation as being for information or planning purposes. This helps prevent confusion with a real solicitation for award.
Use facsimile provision only if fax proposals are allowed
The provision at 52.215-5 must be inserted only when facsimile proposals are authorized under FAR 15.203(d). If fax proposals are not allowed, the provision should not be included.
State place of performance unless already specified
The contracting officer must insert 52.215-6 in solicitations unless the Government has already specified the place of performance. This ensures offerors know where the work is expected to be performed or what information they must provide.
Include order of precedence in UCF solicitations
For solicitations and contracts using the Uniform Contract Format under FAR 15.204, the contracting officer must insert 52.215-8, Order of Precedence. This clause resolves conflicts among solicitation and contract documents.
Responsibilities
Contracting Officer
Select and insert the correct solicitation provisions and contract clauses based on the acquisition method, funding source, contract type, and solicitation format. The contracting officer must also choose the correct alternate, clearly identify planning-only solicitations, specify ARRA applicability where required, and ensure the place of performance and order-of-precedence provisions are included when applicable.
Offerors/Contractors
Review the inserted provisions and clauses carefully, because they control how proposals are prepared, whether discussions may occur, whether alternate proposals are permitted, what records may be audited, and how conflicts in the solicitation or contract will be resolved. Contractors must also comply with any record-retention and audit obligations imposed by the applicable clause.
Agency/Head of Agency
When applicable, determine whether the Comptroller General examination of records is waived under 25.1001. If a waiver is granted, the agency must ensure the contracting officer uses Alternate III of 52.215-2.
Government Program/Acquisition Officials
Provide the contracting officer with accurate information about funding sources, whether the action is planning-only, whether fax proposals are authorized, whether the place of performance is already fixed, and whether the acquisition will use the Uniform Contract Format so the correct provisions and clauses are included.
Practical Implications
This section is largely a solicitation-assembly checklist: missing the wrong alternate or clause can create a defective solicitation, limit the Government’s rights, or create ambiguity for offerors.
The biggest trap is using the wrong version of 52.215-2. ARRA-funded actions, cost-reimbursement awards to certain nonprofit/public entities, and waiver situations each require different treatment.
Contracting officers should verify whether the acquisition is truly competitive, whether discussions are planned, and whether alternate proposals are allowed before choosing the 52.215-1 version.
Planning-only notices must be clearly labeled. If they are not, vendors may treat them as real solicitations or protest confusion may arise.
For contractors, these clauses affect proposal strategy and compliance: discussions, alternate offers, fax submissions, audit access, and document hierarchy all depend on the exact language included in the solicitation.
Official Regulatory Text
When contracting by negotiation- (a) The contracting officer shall insert the provision at 52.215-1 , Instructions to Offerors-Competitive Acquisition, in all competitive solicitations where the Government intends to award a contract without discussions. (1) If the Government intends to make award after discussions with offerors within the competitive range, the contracting officer shall use the basic provision with its Alternate I. (2) If the Government would be willing to accept alternate proposals, the contracting officer shall alter the basic clause to add a new paragraph (c)(9) substantially the same as Alternate II. (b) (1) Except as provided in paragraph (b)(2) of this section, the contracting officer shall insert the clause at 52.215-2 , Audit and Records-Negotiation ( 10 U.S.C. 3841 , 41 U.S.C. 4706 , and Audit Requirements in the OMB Uniform Guidance at 2 CFR part 200 , subpart F), in solicitations and contracts except those for- (i) Acquisitions not exceeding the simplified acquisition threshold; (ii) The acquisition of utility services at rates not exceeding those established to apply uniformly to the general public, plus any applicable reasonable connection charge; or (iii) The acquisition of commercial products or commercial services exempted under 15.403-1 . (2) (i) When using funds appropriated or otherwise made available by the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5)- (A) The exceptions in paragraphs (b)(1)(i) through (b)(1)(iii) are not applicable; and (B) Use the clause with its Alternate I. (ii) (A) In the case of a bilateral contract modification that will use funds appropriated or otherwise made available by the American Recovery and Reinvestment Act of 2009, the contracting officer shall specify applicability of Alternate I to that modification. (B) In the case of a task- or delivery-order contract in which not all orders will use funds appropriated or otherwise made available by the American Recovery and Reinvestment Act of 2009, the contracting officer shall specify the task or delivery orders to which Alternate I applies. (3) For cost-reimbursement contracts with State and local Governments, educational institutions, and other nonprofit organizations, the contracting officer shall use the clause with its Alternate II. (4) When the head of the agency has waived the examination of records by the Comptroller General in accordance with 25.1001 , use the clause with its Alternate III. (c) When issuing a solicitation for information or planning purposes, the contracting officer shall insert the provision at 52.215-3 , Request for Information or Solicitation for Planning Purposes, and clearly mark on the face of the solicitation that it is for information or planning purposes. (d) [Reserved] (e) The contracting officer shall insert the provision at 52.215-5 , Facsimile Proposals, in solicitations if facsimile proposals are authorized (see 15.203 (d)). (f) The contracting officer shall insert the provision at 52.215-6 , Place of Performance, in solicitations unless the place of performance is specified by the Government. (g) [Reserved] (h) The contracting officer shall insert the clause at 52.215-8 , Order of Precedence-Uniform Contract Format, in solicitations and contracts using the format at 15.204 .