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Contracts & Agreements, Title 8, Section 5030, General Provisions — Federal Acquisition Regulation (FAR) Chapter 3 (2-6) (PDF, 2.9 Mb) Title 8, Section 5030 (PDF, 10.3 Mb) The general clause(s) at FAR 52.301(d)(2)(A) are only used in the FAR when specific requirements are set forth in FAR 53.1 and 53.7, or if they are required by Congress. For the most part, they should be considered non-binding unless they are binding on the contractor as a matter of federal law, (for example because it will be illegal or a violation of state law to void them). For contract clauses (F&A clause) that were provided in contract proposals on a “blanket” basis, they often need not be included in the contractual document. The contract manager, or a legal consultant, should review them. The F&A clauses must follow the standard FAR procedures (see FAR 52.301 and 52.302) because they are not part of the FAR. The “blanket” clause, the general clause, is defined under FAR 52.303 and 52.304 as the clause that sets forth the requirements and parameters for the contract. The blanket clause in contract proposals needs to be discussed in writing with the contractor before being submitted to the contractor's Office of Legal Counsel. In general, the blanket clause should be similar to the FAR general clause (see FAR 52.301). However, the requirements and parameters are the same regardless of how the contract is formed. The specific clause at FAR 52.301(d)(2)(A) is described in FAR 52.301(c)(1); it consists of: “The provisions of this part shall take effect immediately upon signing or in the case of a subcontract, the date on which all the subcontractors are bound as follows: (1) The specific clause shall bind the subcontractor or the subcontractors. (2) In the case of a subcontract, the specific clause will bind the general contractor (or their subcontractor). If the specific clause does not bind the general contractor, then the subcontractor has the same rights as if the specific clause were not provided in the contract.
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