govcon.forum

What is the difference between FAR and DFARS clauses in a solicitation, and do both apply to me?

Ask a question
Asked Active Viewed 2 timesQuestion
2answers

I’m putting together a bid for a task order with the Army, a landscaping services contract, NAICS 561730, and it’s my first time seeing two different sets of clauses listed. The solicitation has a section with standard FAR clauses listed by number, like 52.212-5, and then another long list of clauses that all start with 252. I've been told these are DFARS clauses.

I’ve read through the FAR thread here, but I haven't looked at the Defense Federal Acquisition Regulation Supplement yet. What is the actual relationship between the FAR and DFARS? Do both sets of clauses apply to me, even as a small landscaping firm doing a services task order? And how do I read a clause number like 252.204-7012?

asked Jordan P. First-year bidder, landscaping and grounds · Jacksonville, FL · 255 rep

2 answers

0

Both apply. The FAR is the base regulation for every executive agency, and the DFARS is the Defense Department's supplement that sits on top of it, so an Army task order carries clauses from both.

Here's how to read the numbers. The FAR is chapter 1 of Title 48 of the CFR and the DFARS is chapter 2. FAR 52.101 explains that every FAR clause starts with 52.2, the next two digits are the FAR part that prescribes it, and the number after the hyphen is its sequence. A supplement clause adds its chapter number in front and uses a sequence of 70 or higher, which FAR 1.303 reserves for material with no FAR counterpart. So 252.204-7012 is a DFARS part 52 clause, prescribed in DFARS part 204, with no matching FAR clause.

On a commercial services buy, look for 52.212-5 and its DFARS twin, 252.212-7001. Both are checklists, and only the boxes the contracting officer checked apply to you.

The 7012 clause trips people up. DFARS 204.7304 puts it in every DoD solicitation except buys solely for COTS items, ours included, but its security duties cover systems that process, store or transmit covered defense information. A mowing contract rarely hands you any, so the clause sits there with nothing to protect. If the Army sends you anything marked controlled, ask the CO before it lands on your laptop.

answered Femi A. Co-owner, two-person IT consultancy · Columbia, MD · 10 rep
0

Both the FAR and DFARS clauses apply to you on an Army task order because the DFARS is the DoD's specific implementation of the FAR. The contracting officer includes all applicable clauses in the solicitation, and your job is to read and understand them. The FAR applies to all federal executive agency acquisitions, but agencies like the Department of Defense can issue their own supplements, like the DFARS, which clarify or add to the FAR. You need to comply with both sets of regulations for a DoD contract. For your landscaping services, pay close attention to any clauses related to service contracts and environmental requirements.

answered Dave H. Verified vendorParts distributor, DLA and DIBBS · Dayton, OH · 372 rep

Your answer

Sign up to answerCite the FAR clause or procurement code where you can.