52.252-6 Authorized Deviations in Clauses
Source: FAR 52.252-6 on acquisition.gov
FAR 52.252-6 requires all authorized deviations from standard clauses in contracts to be clearly marked with "(DEVIATION)", ensuring transparency for all parties.
Overview
FAR 52.252-6, "Authorized Deviations in Clauses," prescribes the process for identifying and documenting authorized deviations from standard FAR or supplemental clauses in solicitations and contracts. When a contracting officer includes a clause with an authorized deviation, they must clearly indicate this by adding "(DEVIATION)" after the clause's date (for FAR clauses) or after the regulation name (for supplemental clauses). This ensures transparency and clarity for contractors regarding which clauses deviate from standard regulatory language, helping all parties understand the specific terms that apply to the contract.
Key Rules
- Identification of Deviated Clauses
- Any FAR or supplemental clause used with an authorized deviation must be marked with "(DEVIATION)" after the clause date or regulation name.
- Documentation Requirements
- The contracting officer must use the same clause number, title, and date as the standard clause, ensuring only the deviation is highlighted by the "(DEVIATION)" notation.
Responsibilities
- Contracting Officers: Must properly identify and document any authorized deviations in clauses within solicitations and contracts.
- Contractors: Should review all clauses for the "(DEVIATION)" notation to understand any departures from standard requirements.
- Agencies: Must ensure oversight and compliance with deviation documentation procedures.
Practical Implications
- This clause exists to promote transparency and prevent confusion about which contract terms differ from standard FAR or agency supplemental clauses.
- Contractors must pay close attention to the "(DEVIATION)" label to identify non-standard requirements that may impact performance or compliance.
- Failure to properly identify deviations can lead to misunderstandings, disputes, or compliance issues during contract execution.
As prescribed in 52.107(f), insert the following clause in solicitations and contracts that include any FAR or supplemental clause with an authorized deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert "(DEVIATION)" after the date of the clause.
Authorized Deviations in Clauses (Nov 2020)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any _____ [insert regulation name] (48 CFR _____) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of clause)