52.252-5
Authorized Deviations in Provisions
Always clearly mark and document any authorized deviations from standard FAR or supplemental provisions in solicitations with "(DEVIATION)" to ensure transparency and compliance.
Overview
FAR 52.252-5, "Authorized Deviations in Provisions," provides instructions for identifying and documenting authorized deviations from standard FAR or supplemental provisions in solicitations. When a contracting officer includes a provision with an authorized deviation, this clause ensures that the deviation is clearly marked for transparency and compliance. The provision requires the addition of "(DEVIATION)" after the date of the affected provision or after the regulation name for supplemental provisions, making it clear to all parties that the standard language has been altered with proper authorization.
Key Rules
- Identification of Deviations
- Any FAR or supplemental provision used with an authorized deviation must be clearly marked with "(DEVIATION)" after the date or regulation name.
- Documentation Requirements
- The contracting officer must use the same number, title, and date as the original provision, and for supplemental provisions, include the regulation name and chapter.
Responsibilities
- Contracting Officers: Must ensure all authorized deviations are properly identified and documented in the solicitation using the prescribed format.
- Contractors: Should review solicitations for any provisions marked as "(DEVIATION)" to understand changes from standard requirements.
- Agencies: Must oversee that deviations are authorized and properly disclosed in solicitations.
Practical Implications
- This provision exists to maintain transparency and clarity when deviations from standard contract language are authorized.
- It helps contractors quickly identify and assess the impact of deviations on their obligations.
- Common pitfalls include failing to mark deviations properly, which can lead to compliance issues or disputes over contract terms.