Alterations and Deviations

[Jazzy]

Does this provision refer to tailored provisions that are allowed? What else could be considered altered, this seems like overkill?

FAR 52.252-3 ALTERATIONS IN SOLICITATIONS

Do the following have any purpose beyond noting a specific format? :

FAR 52.252-5 AUTH. DEVIATIONS IN PROVISIONS

FAR 52.252-6 AUTH. DEVIATIONS IN CLAUSES

Curious to get a consensus on how others apply these. Thanks

[ji20874]

You may not get a consensus.

I have used theFAR 252-3 provision and -4 clause when I was incorporating a provision or clause a standard FAR clause (either by reference or whole text) and I was tailoring it as allowed by the prescription criteria. This process allows me to incorporate a standard clause, with its clause number and date, and then separately (in the -3 or -4) to show the tailoring I did -- I generally prefer this approach over using a homemade "substantially the same as" provision or clause.

[Jamaal Valentine]

I don't have an authoritative reference, but I have seen files that use 52.252-3 to highlight modified or tailored provisions and clauses. I've never received any instruction on how to use it and haven't read anything about it. I would answer your first two questions yes; and any provision or clause that's modified or tailored (less fill-ins) respectively.

I don't really understand your third question, but, given their text and prescriptions, those provisions and clauses seem pretty straightforward (see prescriptions at 52.107[e] & [f]).

Hopefully you get a reference or return with anything you find on your own.

[Todd Davis]

Regarding 52.252-5 and 6, the purpose of provision and clause is to alert the reader that a deviation to a provision or clause has been authorized and how to identify it in the solicitation. Also, see FAR subpart 1.4.

Regarding FAR 52.252-3 and 4, the purpose of the provision and clause is to alert the reader portions of the solicitation and/or contract that have been altered. Such alterations include the change or alteration of provisions and clauses that allow the CO to change them (e.g. "insert a provision substantially the same as" or provisions and clauses the are authorized for tailoring consistent with the FAR).

[Guest Vern Edwards]

Todd:

Is your assertion of the purpose based on something authoritative that you've read or is it based on your own reasoning, interpretation, or common sense? If it's based on something authoritative, please cite it.

Vern

[Todd Davis]

Todd:

Is your assertion of the purpose based on something authoritative that you've read or is it based on your own reasoning, interpretation, or common sense? If it's based on something authoritative, please cite it.

Vern

Just my own reasoning and nothing authoritative.

I don't think the FAR is clear with respect to what types of alterations 52.252-3 and 4 apply, but the purpose seems self-evident to me (to put the reader on notice and define the alterations).

I think provision and clause 52.252-5 and 6 is more self-evident with regard to its purpose.

[Guest Vern Edwards]

Thanks, Todd. I think your reasoning is pretty good. You provided a very plausible explanation for the use of 52.252-3.

[Jazzy]

Appreciate the feedback. I usually notate "tailored" or "Deviation" in the clause title. That's why it appeared odd to relist them later in the document.

[Jamaal Valentine]

Adding "Tailored" to the clause title isn't found at Subpart 52.1. Solicitations vary in page count and content. It makes sense to have a consolidated listing of provisions and clauses that were altered. 52.252-3 & 4 fulfill that purpose.

[Jamaal Valentine]

Just heard an alternative reason for including 52.252-4, Alterations in Contract. A person, whom I respect, gave another team member guidance to use 52.252-4 to identify a clause that was not in the solicitation, but is being added to the resultant contract.