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Standard Clauses & Provisions

Notice to Agencies from Division of Procurement Services

When we provide you a draft solicitation for your review and consideration, we include many proposed contract clauses from the compendium. These clauses relate to many issues that we believe may be involved in your solicitation. However, we are not risk analysts and your agency is best positioned to determine its risk tolerance level. The Compendium was drafted to provide commonly-used clauses covering a wide variety of acquisitions. Given the generality of many clauses and the specificity of others, any given clause may or may not be appropriate for your solicitation. While all of them involve some degree of risk allocation, the standard language has not been tailored to address your specific risk needs and may not address all the risks peculiar to your agency or any one proposed acquisition. To illustrate, some clauses may address information about security and privacy issues, but they impose only minimal obligations on your contractor. Consistent with its internal agency policies governing information security, each agency must determine for itself whether the services acquired from the contractor warrant the contractual imposition of additional security controls or privacy-related requirements. To illustrate further, clauses we include may prescribe various insurance requirements – including minimum limits of coverage. The types of coverage and the default policy limits may be excessive or wholly inadequate for your particular needs or circumstance. In the former case, you may add unnecessary cost to your acquisition; in the latter, you may face exposure for claims beyond the scope of coverage or in excess of the required policy limits.

As with all aspects of the solicitation, we recommend you review the proposed clauses provided in a draft solicitation, consult with any related guidance published in the Compendium, and determine whether your agency’s needs, risk tolerance levels, obligations, and allocation of performance and other risks imposed by a draft solicitation are acceptable to your agency in the context of your specific procurement and your agency’s needs.

Table of Standard Clauses (January 2024)

Below you will find an updated table of clauses reflecting changes made since publishing Version 2.0.2 of the Compendium in September 2017. In addition to the table of clauses in Microsoft Word format, attached are a list of significant changes and a redline document comparing the 2017 text to current language. Two forms have been revised: the standard purchase order clause set and the Non-Resident Taxpayer Registration Affidavit Income Tax Withholding attachment. The new versions are separately posted on this page under the heading Forms. The only difference between the June 2021 and January 2024 versions is that the latter includes two new clauses approved in April 2023: Disclosure of Conflicts of Interest or Unfair Competitive Advantage, Clause No. 02-2A047-3; and Organizational Conflict of Interest, Clause No. 07-7A054-1. Except for these clauses, the redline document below reflects changes to the standard clauses since publication of version 2.0.2 of the Compendium in September 2017

SCEIS users should note that the clauses used to generate solicitations in Document Builder may vary slightly from those included in the updated table. Differences are editorial in nature. To assure that your solicitations contain only the most current clauses you should continue using Document Builder to generate every solicitation, including any amendments that containing standard clauses or provisions

The version of the Table of Clauses posted below in MSWord is intended to facilitate use of Compendium clauses by non-SCEIS users, NOT to facilitate the use of clauses by cutting and pasting. When adding clauses (e.g., user-selected clauses), all SCEIS users should do so using the Document Summary tab in document builder. This is the only way to insure you have the latest version of a clause and the only way for user-selected clauses to be automatically added to your MSWord-generated table of contents.