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  • Question

    Should provisions be included in a BOA, in addition to the applicable clauses? The definition of a "provision" indicates that they should not (i.e., "used only in solicitations"; "applying only before contract award"). However, the direction at 16.703(d)(2) indicates that BOA orders shall incorporate by reference the provisions in the BOA. Appreciate your thoughts on what appears to be an inconsistency in the regs. Thanks!


    Answer

    A brief phone call with the question submitter was able to add a little more context to the question.

    In summary, the answer is yes the BOA should contain all of the provisions that could be applicable to any individual order. What might be applicable to an order would be dependent on the scope of the order while the BOA itself might have a much broader scope.

    Citations include:

    FAR 16.703(a)(1) "terms and clauses associated with future contracts (orders)..." bold italics added for emphasis.

    And more significantly; FAR 16.703(d)(2)(ii) "incorporate by reference the provisions of the basic order agreement." again, bold italics added for emphasis.

    Note: if you look at any BOA that has been published on SAM.gov it will include the provisions of the BOA.

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