FAR 4.607—Solicitation provisions and contract clause.
Plain-English Summary
FAR 4.607 tells contracting officers when to include three specific solicitation/contract text items: the Women-Owned Business (Other Than Small Business) provision at 52.204-5, the Unique Entity Identifier provision at 52.204-6, and the Unique Entity Identifier Maintenance clause at 52.204-12. Its purpose is to ensure solicitations contain the right representations and identifier requirements based on the type of acquisition, the dollar threshold, whether the procurement is set aside for small business, where performance will occur, and whether the solicitation already includes the System for Award Management provision at 52.204-7 or otherwise meets the exception in 4.605(c)(2). In practice, this section is a placement rule: it does not create the substantive policy behind women-owned business or entity identification, but it tells the contracting officer exactly when those provisions and clauses must be inserted. For contractors, it signals when they must review and respond to women-owned business status questions and when they must provide and maintain a valid Unique Entity Identifier. For agencies and contracting officers, it is a compliance checkpoint that helps avoid defective solicitations, missing clauses, and downstream award or administration problems tied to entity registration and identification.
Key Rules
Women-Owned Business provision
Insert 52.204-5 in all solicitations that are not set aside for small business, exceed the simplified acquisition threshold, and will be performed in the United States or its outlying areas. All three conditions must be met before the provision is required.
Unique Entity Identifier provision
Insert 52.204-6 when the solicitation does not include 52.204-7, System for Award Management, or when the solicitation meets the condition in 4.605(c)(2). This provision is used to obtain the offeror’s Unique Entity Identifier when SAM is not the governing mechanism.
Unique Entity Identifier maintenance clause
Insert 52.204-12 in both the solicitation and the resulting contract whenever the solicitation contains 52.204-6. The clause carries the identifier requirement forward into contract performance and administration.
Threshold and scope limits matter
The women-owned business provision is limited to solicitations above the simplified acquisition threshold and to performance in the United States or its outlying areas. If either the dollar threshold or geographic condition is not met, the provision is not required under this section.
Set-aside exception
Do not insert 52.204-5 in solicitations set aside for small business concerns. The rule applies only to non-set-aside solicitations that otherwise meet the threshold and geographic criteria.
Responsibilities
Contracting Officer
Determine whether each solicitation meets the conditions for 52.204-5, 52.204-6, and 52.204-12; insert the required provision(s) and clause(s); and ensure the solicitation and resulting contract contain the correct text based on the acquisition’s set-aside status, dollar value, performance location, and SAM/UEI requirements.
Offeror/Contractor
Review and respond to any inserted women-owned business provision; provide the required Unique Entity Identifier when the solicitation requires it; and maintain the identifier as required by the contract clause when 52.204-12 is included.
Agency
Maintain acquisition procedures and templates that reflect the current FAR requirements, including correct use of solicitation provisions and contract clauses tied to entity identification and women-owned business representations.
Practical Implications
This section is mainly a checklist item for contracting officers: if the wrong provision or clause is omitted, the solicitation may be noncompliant and may need amendment before award.
The most common mistake is mixing up when 52.204-6 is needed versus when SAM/52.204-7 already covers the identifier requirement; the presence of SAM language can change whether the UEI provision is necessary.
Another frequent error is overlooking the geographic limitation for 52.204-5; it applies only to performance in the United States or its outlying areas.
Contractors should watch for the UEI-related language because it affects both proposal submission and post-award maintenance obligations, not just initial registration.
Contracting officers should verify that the resulting contract includes 52.204-12 whenever the solicitation used 52.204-6, since the clause must flow from the solicitation into the award document.
Official Regulatory Text
(a) Insert the provision at 52.204-5 , Women-Owned Business (Other Than Small Business), in all solicitations that- (1) Are not set aside for small business concerns; (2) Exceed the simplified acquisition threshold; and (3) Are for contracts that will be performed in the United States or its outlying areas. (b) Insert the provision at 52.204-6 , Unique Entity Identifier, in solicitations that do not contain the provision at 52.204-7 , System for Award Management, or meet a condition at 4.605 (c)(2). (c) Insert the clause at 52.204-12 , Unique Entity Identifier Maintenance, in solicitations and resulting contracts that contain the provision at 52.204-6 , Unique Entity Identifier.