FAR 52.107—Provisions and clauses prescribed in subpart 52.1.
Plain-English Summary
FAR 52.107 tells contracting officers which standard FAR provisions and clauses must be inserted into solicitations and contracts when those terms are incorporated by reference, altered, or used with an authorized deviation. It covers six specific prescription items: 52.252-1, Solicitation Provisions Incorporated by Reference; 52.252-2, Clauses Incorporated by Reference; 52.252-3, Alterations in Solicitation; 52.252-4, Alterations in Contract; 52.252-5, Authorized Deviations in Provisions; and 52.252-6, Authorized Deviations in Clauses. The section exists to make sure offerors and contractors can identify which terms apply, how they are being incorporated, and whether the government has changed the standard text through an authorized deviation. In practice, it is a drafting and notice rule: the contracting officer must use the correct “52.252” notice provision or clause whenever the solicitation or contract relies on incorporation by reference, alteration of standard text, or deviation from a FAR or supplemental provision/clause. It also requires precise identification of any deviated provision or clause by number, title, and date, with the word “(DEVIATION)” added after the date, and for supplemental agency provisions or clauses, the regulation name must be included. This section is important because improper incorporation or deviation handling can create ambiguity, weaken enforceability, and lead to protests, disputes, or compliance problems.
Key Rules
Incorporate provisions by reference
When a solicitation incorporates FAR provisions by reference, the contracting officer must insert 52.252-1, Solicitation Provisions Incorporated by Reference. This gives offerors notice that the solicitation includes referenced provisions rather than repeating their full text.
Incorporate clauses by reference
When a solicitation or contract incorporates FAR clauses by reference, the contracting officer must insert 52.252-2, Clauses Incorporated by Reference. This is the standard notice that referenced clauses are part of the agreement even if not printed in full.
Use alterations for solicitation-only changes
If the contracting officer needs to revise or supplement other parts of the solicitation that apply only to the solicitation phase, 52.252-3, Alterations in Solicitation, must be inserted. This provision is not used for any provision authorized for use with a deviation.
Use alterations for contract-phase changes
If the contracting officer needs to revise or supplement other parts of the contract, or solicitation terms that apply to the contract phase, 52.252-4, Alterations in Contract, must be inserted. This clause is not used for any clause authorized for use with a deviation.
Identify deviated provisions correctly
When a FAR or supplemental provision is used with an authorized deviation, the contracting officer must insert 52.252-5, Authorized Deviations in Provisions, in the solicitation. The deviated provision must keep the same number, title, and date as the standard version, and the contracting officer must add “(DEVIATION)” after the date; for supplemental provisions, the regulation name must also be included.
Identify deviated clauses correctly
When a FAR or supplemental clause is used with an authorized deviation, the contracting officer must insert 52.252-6, Authorized Deviations in Clauses, in the solicitation and contract. The deviated clause must be identified by the same number, title, and date as the standard clause, with the regulation name included for supplemental clauses and “(DEVIATION)” added after the date.
Responsibilities
Contracting Officer
Must determine whether the solicitation or contract is incorporating provisions or clauses by reference, altering solicitation or contract text, or using an authorized deviation. The contracting officer must insert the correct 52.252 notice provision or clause and ensure any deviated FAR or supplemental provision/clause is identified exactly as required.
Agency / Supplemental Regulation Owner
When agency supplemental provisions or clauses are used, the agency must ensure the supplemental text is properly identified by regulation name and that any deviation is authorized before use. The agency also must support accurate drafting so the solicitation or contract reflects the approved deviation.
Offeror / Contractor
Must review the solicitation or contract to understand which incorporated provisions and clauses apply, including any altered or deviated terms. The contractor should verify that the identified provisions and clauses are complete and that any deviation is clearly labeled so it can assess risk and compliance obligations.
Practical Implications
This section is mainly a drafting control, but it has real legal and operational consequences because it determines how standard terms become part of the solicitation or contract. If the wrong notice provision or clause is omitted, the incorporated terms may be harder to identify and disputes can arise over what was actually included.
A common pitfall is failing to label a deviated provision or clause exactly as required, especially forgetting to add “(DEVIATION)” after the date or omitting the regulation name for supplemental provisions or clauses. That can create ambiguity and undermine the clarity of the solicitation or contract.
Another frequent mistake is using the wrong notice item for the phase of the acquisition. 52.252-3 is for solicitation-only alterations, while 52.252-4 is for contract-phase alterations; mixing them up can cause confusion about when the changed language applies.
Contracting officers should treat these prescriptions as a checklist item whenever they build a solicitation or award document. If a standard FAR or agency clause is being referenced, altered, or deviated from, the document should clearly show the correct incorporation or deviation notice.
For contractors, the practical takeaway is to read the incorporated provisions and clauses carefully even when they are not printed in full. Incorporated-by-reference terms are still binding, and deviated terms may materially change rights, obligations, pricing, or performance risk.
Official Regulatory Text
(a) The contracting officer shall insert the provision at 52.252-1 , Solicitation Provisions Incorporated by Reference, in solicitations in order to incorporate provisions by reference. (b) The contracting officer shall insert the clause at 52.252-2 , Clauses Incorporated by Reference, in solicitations and contracts in order to incorporate clauses by reference. (c) The contracting officer shall insert the provision at 52.252-3 , Alterations in Solicitation, in solicitations in order to revise or supplement, as necessary, other parts of the solicitation that apply to the solicitation phase only, except for any provision authorized for use with a deviation. (d) The contracting officer shall insert the clause at 52.252-4 , Alterations in Contract, in solicitations and contracts in order to revise or supplement, as necessary, other parts of the contract, or parts of the solicitations that apply to the contract phase, except for any clause authorized for use with a deviation. (e) The contracting officer shall insert the provision at 52.252-5 , Authorized Deviations in Provisions, in solicitations that include any FAR or supplemental provision with an authorized deviation. Whenever any FAR or supplemental provision is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the provision when it is used without deviation, include regulation name for any supplemental provision, except that the contracting officer shall insert "(DEVIATION)" after the date of the provision. (f) The contracting officer shall insert the clause at 52.252-6 , Authorized Deviations in Clauses, in solicitations and contracts that include any FAR or supplemental clause with an authorized deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert "(DEVIATION)" after the date of the clause.