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

Summary

This deviation responds to the COVID-19 national emergency. It authorizes electronic signatures, removes seal requirements and waives notarization on bonds, assignment instruments and novation agreements. Contracting Officers may accept copies of documents where originals or authenticated copies were previously required.

Required Contracting Officer Actions

1. Accept electronic signatures and electronic, mechanically-applied or printed dates as original signatures and dates for all Part 28 bond-related actions.
2. Do not require a corporate seal on any form listed at Federal Acquisition Regulation (FAR) 28.106-1.
3. Do not require the contractor's payment statement at FAR 28.106-8 to be notarized.
4. Do not require the Standard Form 28 executed by an individual surety to be sworn and notarized; accept 'affirm' in place of 'being duly sworn, depose and say'.
5. Accept a written authorization of release signed by the surety in lieu of a notarized authorization under FAR 28.203-5(a).
6. Use deviation clause 52.228-11 (DEVIATION 2020-O0016) in lieu of the standard FAR clause.
7. Use deviation clause 52.228-15 (DEVIATION 2020-O0016) in lieu of the standard FAR clause.
8. Use deviation clause 52.228-16 (DEVIATION 2020-O0016) in lieu of the standard FAR clause.
9. Accept a copy of the assignment instrument in lieu of a true copy under FAR 32.802(e).
10. Accept electronic signatures and electronic filing of assignment instruments and notices under FAR 32.805 and Defense Federal Acquisition Regulation Supplement 232.805.
11. Accept copies of documents listed at FAR 42.1204(f) in lieu of authenticated or certified copies.
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, (Clause)

• Prescribed in: 28.203-4(b)
• Change type: MODIFIED
• Action: Substitute clause 52.228-11

52.228-15, (Clause)

• Prescribed in: 28.102-3(a)
• Change type: MODIFIED
• Action: Substitute clause 52.228-15

52.228-16, (Clause)

• Prescribed in: 28.103-4
• Change type: MODIFIED
• Action: Substitute clause 52.228-16

Before (original text):

(b) The Contractor shall furnish a performance bond (Standard Form 1418) for the protection of the Government in an amount equal to ___ percent of the original contract price and a payment bond (Standard Form 1416) in an amount equal to ___ percent of the original contract price.

After (deviation text):

[see memorandum]

Notes

Duration: This deviation remains in effect until rescinded. No expiration date is set.

Point of Contact: Contact Larry McLaury at 703-697-6710 or Larry.j.mclaury2.civ@mail.mil with questions.

COVID-19 Basis: The deviation is grounded in the COVID-19 national emergency declaration. Rescission will follow when conditions allow.

Suggested Questions