Summary
This deviation rescinds and supersedes Class Deviation 2018-O0021. Contracting Officers (COs) using PD2 for commercial (Part 12) acquisitions may rely on PD2 clause logic to automatically select applicable clauses instead of manually checking boxes under Federal Acquisition Regulation (FAR) 52.212-5. COs must incorporate the attached deviation clause, which fulfills statutory requirements on auditing and subcontract flow-down.
Contracting Officer Actions
1
Use PD2 clause logic to automatically select applicable clauses for commercial (Part 12) solicitations and contracts instead of manually checking boxes under FAR 52.212-5.
2
Incorporate the deviation clause (CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS;COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION 2023-O0008) (OCT 2023)) into all applicable solicitations and contracts.
3
Apply Alternate I when prescribed at FAR 12.301(b)(4)(i) by deleting paragraph (a) and redesignating remaining paragraphs.
4
Apply Alternate II when prescribed at FAR 12.301(b)(4)(ii) by substituting the revised paragraphs (a)(1) and (b)(1) from the deviation.
Supersession
This deviation replaces Class Deviation 2018-O0021 effective October 1, 2023.
Duration
This deviation remains in effect for three years unless rescinded earlier.
Future FAR changes
Adjustments to the deviation clause required by future FAR 52.212-5 changes are pre-authorized under this deviation.
Point of contact
Contact Mr. Jay Olson at jay.c.olson6.civ@mail.mil with questions.