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.
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).
Duration
This deviation remains in effect until rescinded. No expiration date is set.
COVID-19 Basis
The deviation is grounded in the COVID-19 national emergency declaration. Rescission will follow when conditions allow.
Point of Contact
Contact Larry McLaury at 703-697-6710 or Larry.j.mclaury2.civ@mail.mil with questions.
Affected Provisions and Clauses
Clause Text Changes
Original (removed)
Deviation (added)
Unchanged
52.228-16 Performance and Payment Bonds—Other Than Construction: Paragraph (b)
Original: NOV 2006
Deviation: NOV 2006 (DEVIATION 2020-O0016)
2 added, 48 removed
(b)
(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.
(b)
[see memorandum]