FAR 4.103—Contract clause.
Plain-English Summary
FAR 4.103 is a narrow but important contract-clause instruction that tells the contracting officer when to include the clause at 52.204-1, Approval of Contract, in solicitations and contracts. The section does not itself create a universal requirement to use the clause; instead, it makes inclusion dependent on agency procedures. In practice, this means the need for the clause is driven by internal agency policy or approval workflows, not by a government-wide FAR mandate. The section matters because it ties the solicitation and award package to any agency-specific approval controls that must be satisfied before a contract is finalized or becomes effective. For contractors, it signals that some agencies may require an additional approval-related clause in the contract documents, which can affect timing, internal review, and award processing. For contracting officers, it is a reminder to check agency procedures before issuing the solicitation or award and to ensure the correct clause is inserted when required.
Key Rules
Insert clause when required
The contracting officer must include 52.204-1, Approval of Contract, in both solicitations and contracts if agency procedures call for it. The clause is not automatically required in every procurement under this FAR section.
Agency procedures control
Whether the clause is used depends on the agency’s own procedures. Contracting officers must follow those procedures rather than assume a uniform FAR-wide requirement.
Applies to solicitations and contracts
The instruction covers both the solicitation stage and the resulting contract. If the agency requires the clause, it should appear in the solicitation and be carried into the contract as applicable.
Responsibilities
Contracting Officer
Check applicable agency procedures and insert FAR 52.204-1 in solicitations and contracts when those procedures require it.
Agency
Establish and maintain the procedures that determine when the Approval of Contract clause must be used.
Contractor
Review the solicitation and contract for the clause when present and understand that it may reflect agency-specific approval requirements affecting award processing.
Practical Implications
This section is mainly a compliance check: contracting officers must confirm agency procedures before finalizing the solicitation or contract.
A common pitfall is assuming the clause is always required or, conversely, overlooking it when agency procedures mandate it.
Because the clause may affect approval workflow, missing it can delay award or create a documentation defect that must be corrected.
Contractors should watch for the clause as a sign that the agency may have internal approval steps tied to contract execution or effectiveness.
Official Regulatory Text
The contracting officer shall insert the clause at 52.204-1 Approval of Contract, in solicitations and contracts if required by agency procedures.