# Class Deviation 2020-O0016
# Class Deviation 2020-O0016 – Original Documents, Signatures, Seals, and Notarization

Status: Active
Date Issued: Not explicitly stated in the memorandum header; effective immediately upon issuance
Signed By: Kim Herrington, Acting Principal Director, Defense Pricing and Contracting
Scope: All DoD contracting officers under the commands, military departments, defense agencies and defense field activities listed as addressees
Authority: COVID-19 national emergency response authority cited in the memorandum body

## Summary

This deviation was issued in response to the COVID-19 national emergency to provide flexibility in contracting procedures related to original documents, manual signatures, corporate seals and notarization requirements under the FAR and DFARS. It permits electronic signatures and electronic or printed dates to serve as originals, removes corporate seal requirements from bond forms, eliminates notarization requirements for certain surety documents and allows copies in place of certified originals for novation and change-of-name agreement documents. Revised deviation clauses replace existing FAR clauses for pledges of assets and performance and payment bonds, and electronic filing of assignment instruments is authorized in lieu of physical delivery.

## Required Contracting Officer Actions

1. Accept electronic signatures and electronic, mechanically applied or printed dates as original signatures and dates for all FAR part 28 transactions, without regard to the order in which they are affixed.
2. Do not require a corporate seal on any form listed at FAR 28.106-1.
3. Accept a signed statement by the contractor (without notarization) as sufficient for payment authorization to subcontractors or suppliers under FAR 28.106-8.
4. Accept Standard Form 28 executed by an individual surety without sworn oath or notarization, substituting 'affirm' for the words 'being duly sworn, depose and say' per FAR 28.203(b).
5. Accept a written authorization of release signed by the surety in lieu of the notarized authorization required by FAR 28.203-5(a).
6. Use deviation clause 52.228-11 (DEVIATION 2020-O0016) in lieu of the standard FAR clause, removing the requirement for SF 28 to be sworn and notarized.
7. Use deviation clause 52.228-15 (DEVIATION 2020-O0016) in lieu of the standard FAR clause, removing seal requirements on Standard Forms for construction bonds.
8. Use deviation clause 52.228-16 (DEVIATION 2020-O0016) in lieu of the standard FAR clause, removing seal requirements on Standard Forms for non-construction bonds.
9. Accept a copy of the assignment instrument in lieu of a true copy when processing assignments of claims under FAR 32.802(e).
10. Accept electronic signatures and electronic filing of assignment instruments and notices of assignments in lieu of the requirements at FAR 32.805 and DFARS 232.805.
11. Accept copies of documents listed at FAR 42.1204(f) in lieu of authenticated or certified copies when executing novation agreements.
12. Do not require corporate seals on Novation Agreements under FAR 42.1204(i) or Change-of-Name Agreements under FAR 42.1205(b).

## Affected Provisions and Clauses

### 52.228-11, Pledges of Assets (Clause)
- Prescribed in: 28.203-4(b)
- Change type: REPLACED
- Action: Entire clause is replaced with a deviation version that removes the requirement for Standard Form 28 to be sworn and notarized, substituting an affirmation in place of a sworn oath.

### 52.228-15, Performance and Payment Bonds—Construction (Clause)
- Prescribed in: 28.102-3(a)
- Change type: REPLACED
- Action: Entire clause is replaced with a deviation version that removes the seal requirement from Standard Form 25 and Standard Form 25A.

### 52.228-16, Performance and Payment Bonds—Other Than Construction (Clause)
- Prescribed in: 28.103-4
- Change type: REPLACED
- Action: Entire clause is replaced with a deviation version that removes the seal requirement from Standard Form 1418 and Standard Form 1416, with an Alternate I that applies when only a performance bond is required.

### DFARS 232.805, Procedure (Clause)
- Change type: MODIFIED
- Action: Paragraph (b) is modified to require electronic forwarding of assignment notices and instruments to the administrative contracting officer, surety and disbursing officer in lieu of physical delivery.

### FAR 28.002, Policy (Clause)
- Change type: MODIFIED
- Action: Paragraph is modified to allow electronic signatures and electronic, mechanically applied or printed dates to serve as original signatures and dates for all of FAR part 28.

### FAR 28.106-1, Bonds and bond-related forms (Clause)
- Change type: MODIFIED
- Action: Paragraph is modified to remove the seal requirement from all bond-related Standard Forms and Optional Forms listed under this section.

### FAR 28.106-8, Payment to subcontractors or suppliers (Clause)
- Change type: MODIFIED
- Action: Paragraph is modified to remove the notarization requirement from the contractor's signed statement that payment is due and owed.

### FAR 28.203, Acceptability of individual sureties (Clause)
- Change type: MODIFIED
- Action: Paragraph (b) is modified to remove the sworn oath and notarization requirement from Standard Form 28 executed by individual sureties, substituting 'affirm' for the sworn language on the form.

### FAR 28.203-5, Release of lien (Clause)
- Change type: MODIFIED
- Action: Paragraph (a) is modified to accept a written authorization of release signed by the surety in lieu of the previously required notarized authorization.

### FAR 32.802, Conditions (Clause)
- Change type: MODIFIED
- Action: Paragraph (e) is modified to accept a copy of the assignment instrument in lieu of a true copy when the assignee sends written notice of assignment.

### FAR 32.805, Procedure (Clause)
- Change type: MODIFIED
- Action: Multiple paragraphs are modified to allow electronic signatures on assignments and to require electronic forwarding of notices and instruments of assignment in lieu of physical delivery.

### FAR 42.1204, Applicability of novation agreements (Clause)
- Change type: MODIFIED
- Action: Paragraph (f) is modified to require copies rather than authenticated or certified copies of transfer documents, and the Novation Agreement format at paragraph (i) is modified to remove the corporate seal requirement.

### FAR 42.1205, Agreement to recognize contractor's change of name (Clause)
- Change type: MODIFIED
- Action: Paragraph (b) is modified to remove the corporate seal requirement from the Change-of-Name Agreement format.

## Notes

Duration: This deviation remains in effect until rescinded; there is no automatic expiration date.

Point of contact: Questions may be directed to Larry McLaury by telephone at 703-697-6710 or by email at Larry.j.mclaury2.civ@mail.mil.

DFARS coordination: FAR 32.805 as modified by this deviation directs contracting officers to also see DFARS 232.805 (DEVIATION 2020-O0016), which separately addresses electronic forwarding procedures for the administrative contracting officer, surety and disbursing officer.

## Suggested Questions

You can ask your AI assistant:
- What actions do I need to take for this deviation?
- Does this deviation affect commercial acquisitions under Part 12?
- Which clauses need to be removed from my existing contracts?
- How does this deviation change 52.228-11 specifically?
- Are there any SAM registration implications?

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Source: https://part52.dev
Generated: 2026-03-20
Memorandum: https://www.acq.osd.mil/dpap/policy/policyvault/USA000941-20-DPC.pdf