FAR 4.1704—Contracting officer responsibilities.
Plain-English Summary
FAR 4.1704 assigns the contracting officer’s duties for enforcing the service contract reporting clauses. It covers two different contract structures: other than indefinite-delivery contracts, where the contracting officer must ensure the Service Reporting Requirement clause at 52.204-14 is included in solicitations, contracts, and orders as required by 4.1705; and indefinite-delivery contracts, where the awarding contracting officer must ensure 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts, is included in the solicitation and contract, while the order-level contracting officer must verify that the clause is actually in the contract at the order stage. The section also addresses what happens when a contractor misses a reporting deadline: the contracting officer must take appropriate contractual remedies and must record the noncompliance in the contractor’s performance information under subpart 42.15. In practice, this section is about making sure the reporting clauses are properly flowed into the right instruments and that failures to report are enforced and documented, so agencies can collect required service contract data and maintain accurate contractor performance records.
Key Rules
Include the right clause
For non-indefinite-delivery contracts, the contracting officer must ensure 52.204-14 is included in solicitations, contracts, and orders as prescribed by 4.1705. For indefinite-delivery contracts, the awarding contracting officer must ensure 52.204-15 is included in the solicitation and contract.
Verify clause at order level
When an indefinite-delivery contract is used, the contracting officer at the order level must verify that the required clause is included in the contract for the order. This is a separate check from the initial award action.
Act on late reports
If the contractor does not submit the required report on time, the contracting officer must use appropriate contractual remedies. The rule does not prescribe one fixed remedy, so the CO must choose a remedy that fits the contract and the circumstances.
Record noncompliance in performance data
The contracting officer must document the contractor’s failure to comply with the reporting requirements in the contractor’s performance information under subpart 42.15. This ensures the reporting failure is reflected in past performance records.
Follow prescription rules
The clause-inclusion duties are tied to the prescriptions in 4.1705. The contracting officer must apply the correct clause and placement requirements based on the type of contract being awarded or ordered.
Responsibilities
Contracting Officer (other than indefinite-delivery contracts)
Ensure clause 52.204-14, Service Reporting Requirement, is included in solicitations, contracts, and orders as required by 4.1705.
Awarding Contracting Officer for Indefinite-Delivery Contracts
Ensure clause 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts, is included in the solicitation and contract as prescribed by 4.1705.
Order-Level Contracting Officer
Verify that the required clause is included in the contract when issuing or administering orders under an indefinite-delivery contract.
Contracting Officer upon late contractor reporting
Exercise appropriate contractual remedies if the contractor fails to submit the required report in a timely manner, and document the failure in performance information under subpart 42.15.
Contractor
Submit the required service contract report on time and comply with the reporting requirements in the applicable clause.
Practical Implications
This section makes clause administration a contracting officer responsibility, so missing the clause is not a minor paperwork issue; it can undermine the reporting requirement and create compliance problems later.
For indefinite-delivery vehicles, there are two checkpoints: the award-level CO must include the clause in the basic contract, and the order-level CO must verify it is present at the order stage. Missing either step can create enforcement gaps.
Late or missing reports are not just noted informally; the CO must take contractual action and also enter the failure into performance records, which can affect future source selection and contractor reputation.
A common pitfall is using the wrong clause for the contract type or assuming the basic IDIQ award covers every order without verifying clause flowdown at the order level.
Another practical issue is timing: the CO should monitor reporting deadlines closely so remedies and performance documentation happen promptly, rather than after the issue has become harder to correct.
Official Regulatory Text
(a) For other than indefinite-delivery contracts, the contracting officer shall ensure that 52.204-14 , Service Reporting Requirement, is included in solicitations, contracts, and orders as prescribed at 4.1705 . For indefinite-delivery contracts, the contracting officer who awarded the contract shall ensure that 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts, is included in solicitations and contracts as prescribed at 4.1705 . The contracting officer at the order level shall verify the clause’s inclusion in the contract. (b) If the contractor fails to submit a report in a timely manner, the contracting officer shall exercise appropriate contractual remedies. In addition, the contracting officer shall make the contractor’s failure to comply with the reporting requirements a part of the contractor’s performance information under subpart 42.15 .