Hello, 

I was hoping someone could help with a clause conundrum I am having. I am soliciting for a commercial service using FAR Part 12 procedures over $2,500. One of the check boxes in FAR 52.212-5 is FAR 52.222-42 (Statement of Equivalent Rates for Federal Hires). Under the section where FAR 52.222-42 is contained under FAR 52.212-5 it states "(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:" FAR 52.222-42 main content is a table that shows the employee class and monetary wage of federal employees. -5 makes it seem like it should just be referenced. Should the table be filled out and included? Or is an X in -5 sufficient?

Take a look at FAR 22.1016.

Take a look at FAR 52.102(a)(3)&(4), as well as FAR 52.104(d).

Edited March 18, 20187 yr by Lionel Hutz
Left the "(a)" out of my citation.

Thank you for the references Mr. Hutz. FAR 52.102(a) seems to answer the mail on this one. Don't see the point in putting an X without filling it in but seems like that is the intent. 

Have a great day!

 

 

(a) Provisions and clauses should be incorporated by reference to the maximum practical extent, rather than being incorporated in full text, even if they --

(1) Are used with one or more alternates or on an optional basis;

(2) Are prescribed on a “substantially as follows’’ or “substantially the same as’’ basis, provided they are used verbatim;

(3) Require modification or the insertion by the Government of fill-in material (see 52.104); or

(4) Require completion by the offeror or prospective contractor. This instruction also applies to provisions completed as annual representations and certifications.

Sorry.  Just getting around to seeing this again.  But the info does need to be filled in.  See 52.104(d), which I also cited. 

In line with this conversation I have another question.   If you look at www.acquisition.gov and review the matrix it shows that 52.212-5 incorporate by reference (IBR) yes.

If you look at http://farsite.hill.af.mil/vmfara.htm  matrix it states NO for IBR for 52.212-5. We are being told that the farsite will no longer be updated and to follow www.acquisition.gov .

I agree with ContractingPeoplesHatred that provisions and clauses should be incorporated to the maximum practical extent. How would you incorporate 52.212-5 by reference?

28 minutes ago, Tellmewhy said:

In line with this conversation I have another question.   If you look at www.acquisition.gov and review the matrix it shows that 52.212-5 incorporate by reference (IBR) yes.

If you look at http://farsite.hill.af.mil/vmfara.htm  matrix it states NO for IBR for 52.212-5. We are being told that the farsite will no longer be updated and to follow www.acquisition.gov .

I agree with ContractingPeoplesHatred that provisions and clauses should be incorporated to the maximum practical extent. How would you incorporate 52.212-5 by reference?

I would follow the procedures at FAR 52.104(b) and/or 52.104(d).  I would then include either one or both of FAR 52.252-1 and FAR 52.252-2 depending on if I'm incorporating provisions and/or clauses.

Where did you hear that Hill AFB's FARSite will no longer be updated?

On ‎3‎/‎20‎/‎2018 at 12:29 PM, Tellmewhy said:

In line with this conversation I have another question.   If you look at www.acquisition.gov and review the matrix it shows that 52.212-5 incorporate by reference (IBR) yes.

If you look at http://farsite.hill.af.mil/vmfara.htm  matrix it states NO for IBR for 52.212-5. We are being told that the farsite will no longer be updated and to follow www.acquisition.gov .

I agree with ContractingPeoplesHatred that provisions and clauses should be incorporated to the maximum practical extent. How would you incorporate 52.212-5 by reference?

1.  FAR clause 52.212-5 is IBR in 48 CFR Part 52.

2.  You would follow the procedures in FAR 52.104(d) to cite the fill-ins.  You would cite 52.212-5; then you would state "The following clauses are incorporated by reference." If you needed to cite FAR 52.203-13, Contractor Code of Business Ethics and Conduct, you would just cite where it is in 52.212-5:  (b)(2), 52.203--13...

You would do the same for all the remaining clauses you need to cite in 52.212-5.

On ‎3‎/‎21‎/‎2018 at 4:21 PM, Maureen said:

Where did you hear that Hill AFB's FARSite will no longer be updated?

There was a note that the current webmaster was retiring, but I just looked at it and it seem some took over. http://farsite.hill.af.mil/notice.html