# Class Deviation 2023-O0008
# Class Deviation 2023-O0008 – Commercial Products and Commercial Services Omnibus Clause for Acquisitions Using the Procurement Desktop-Defense System

Status: Active
Date Issued: October 1, 2023
Signed By: John M. Tenaglia, Principal Director, Defense Pricing and Contracting
Scope: All DoD contracting officers using the Procurement Desktop-Defense System (PD2) to contract for commercial products or commercial services
Authority: FAR 12.301(b)(4)

## Summary

This deviation rescinds and supersedes Class Deviation 2018-O0021, effective October 1, 2023. When using PD2 to acquire commercial products or commercial services, contracting officers may rely on PD2's clause logic capability to automatically select applicable clauses under FAR 52.212-5 rather than manually checking boxes. Contracting officers must incorporate the attached deviation clause into solicitations and contracts to satisfy statutory requirements on auditing and subcontract flow-down obligations.

## Required Contracting Officer Actions

1. Use PD2's clause logic capability to automatically select the clauses applicable to the specific solicitation and contract under FAR 52.212-5, rather than manually checking boxes.
2. Incorporate the deviation clause (FAR 52.212-5, Deviation 2023-O0008) into all solicitations and contracts for commercial products or commercial services when using PD2.
3. Apply authorized adjustments to the deviation clause as required by future changes to FAR 52.212-5 published in the FAR.

## Affected Provisions and Clauses

### 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Deviation 2023-O0008) (Clause)
- Prescribed in: 12.301(b)
- Change type: REPLACED
- Action: Replace FAR 52.212-5 in its entirety with the deviation version for use in solicitations and contracts when utilizing FAR part 12 procedures for commercial products and commercial services acquisitions through PD2.

## Notes

Supersession: This deviation rescinds and supersedes Class Deviation 2018-O0021 as of October 1, 2023.

Duration: The deviation remains in effect for three years from the effective date or until otherwise rescinded.

Alternate I: Alternate I applies as prescribed in FAR 12.301(b)(4)(i). It deletes paragraph (a) from the basic clause, redesignates paragraph (b)(1) as paragraph (a), redesignates paragraphs (b)(1)(i) through (b)(1)(xxiv) as paragraphs (a)(1) through (a)(24) and redesignates paragraph (b)(2) as paragraph (b).

Alternate II: Alternate II applies as prescribed in FAR 12.301(b)(4)(ii). It substitutes revised paragraphs (a)(1) and (b)(1) into the basic clause, expanding Comptroller General access to include Inspector General access and interviews with officers or employees, and adjusting the subcontract flow-down list accordingly.

Point of Contact: Questions may be directed to Mr. Jay Olson at jay.c.olson6.civ@mail.mil.

## 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 52.212-5 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/USA001954-23-DPC.pdf