XL EagleIncorporated by reference (Clauses Incorporated by Reference)
Incorporated by reference stands for Clauses Incorporated by Reference. A clause incorporated by reference is listed in the contract only by its number, title, and date, such as 'FAR 52.232-33 Payment by Electronic Funds Transfer (OCT 2018).' The full text is not printed, but it is just as binding as if it were.
Contracts do this to save space, since a full set of clauses can run hundreds of pages. The contract usually includes a clause like FAR 52.252-2 that tells you where to find the full text, usually acquisition.gov.
Why it matters to a small contractor
Signing a contract means you agree to every clause listed, including the ones you did not read. Look up the full text of any clause you do not recognize, and pay attention to the date in parentheses, since older and newer versions can say different things.
Example
A small electrical contractor sees 'FAR 52.222-6 Construction Wage Rate Requirements' listed only by title. They look it up and learn they must pay Davis-Bacon wages and submit weekly certified payrolls.
Incorporated by reference: common questions
Is a clause incorporated by reference binding?
Yes. It has the same force as if its full text were printed in the contract.
Why does the clause date matter?
Clauses are revised over time. The date tells you which version applies to your contract.
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