FAR 26.605—Contract clause.
Plain-English Summary
FAR 26.605 is a very short but mandatory prescription that tells contracting officers to include a specific contract clause—52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving—in all solicitations and contracts. The section addresses only one topic: clause insertion, and it does so without exceptions or additional conditions in the text of the rule. In practice, this means the requirement is automatic whenever a solicitation or contract is issued, regardless of contract type, unless another FAR provision or agency-specific rule elsewhere creates a separate exception. The purpose is to promote safe driving practices by encouraging contractors to adopt policies that prohibit text messaging while driving, and to flow that expectation into the federal procurement process through a standard clause. For contracting officers, the practical significance is simple but important: they must ensure the clause is included every time, because omission would mean the solicitation or contract does not fully comply with the FAR prescription.
Key Rules
Mandatory clause insertion
The contracting officer must insert FAR clause 52.226-8 in all solicitations and contracts. This is a direct requirement, not a discretionary one.
Applies to solicitations and contracts
The rule covers both pre-award solicitations and awarded contracts. The clause must be present in the solicitation package and carried into the resulting contract.
No limiting language in section
FAR 26.605 itself does not state any exceptions, thresholds, or special applicability conditions. The instruction is broad and unconditional on its face.
Responsibilities
Contracting Officer
Include clause 52.226-8 in every solicitation and every contract covered by this section. Verify the clause is present before issuance and award.
Contractor
Review the clause when it appears in the solicitation or contract and comply with the contractual requirement to encourage policies banning text messaging while driving, as stated in the clause itself.
Agency
Support contracting personnel with standard templates, clause libraries, and oversight so the required clause is consistently used across procurements.
Practical Implications
This is a checklist item for contracting officers: if a solicitation or contract is issued without 52.226-8, it is noncompliant with FAR 26.605.
Because the rule is unconditional in this section, users should not assume it is limited by dollar value, contract type, or competition method unless another authority says otherwise.
The main risk is omission through template error or manual drafting; agencies should rely on clause libraries and automated acquisition systems to reduce that risk.
Contractors should treat the clause as a standard federal contract requirement and ensure any internal safety or transportation policies are aligned with the clause’s expectations.
Even though the section is brief, it matters because clause flowdown and incorporation errors can create administrative corrections, protest issues, or contract administration confusion later.
Official Regulatory Text
The contracting officer shall insert the clause at 52.226-8 , Encouraging Contractor Policies to Ban Text Messaging While Driving, in all solicitations and contracts.