FAR 52.237-3, Continuity of Services clause, "may" be inserted in a solicitation per FAR 37.1109c). It is not mandatory. What if an agency program office decides not to include this clause, but instead, includes lengthy text in the Section SOW re: transition/continuity of services. What if most of that language appears very similar to FAR 52.237-3, except that it is slightly modified (changes the 90 days requirement to 180 days, for example)? My concern is, if FAR 52.237-3 were included, but the program office wanted the clause "tweaked" to meet its own needs, the proper process would be to seek a FAR deviation. But if it is OK to simply not include the tweaked clause but simply put it in Section C instead, then there is no need for approval of a FAR deviation. Is this the result the FAR Council intended? Is it simply an oversight?

1.401 Definition.

“Deviation” means any one or combination of the following:

(a) The issuance or use of a policy, procedure, solicitation provision (see definition in

2.101), contract clause (see definition in 2.101), method, or practice of conducting acquisition actions of any kind at any stage of the acquisition process that is inconsistent with the FAR.

(

The omission of any solicitation provision or contract clause when its prescription requires its use.

(c )The use of any solicitation provision or contract clause with modified or alternate language that is not authorized by the FAR (see definition of “modification” in

52.101(a) and definition of “alternate” in 2.101(a)).

(d) The use of a solicitation provision or contract clause prescribed by the FAR on a “substantially as follows” or “substantially the same as” basis (see definitions in

2.101 and 52.101(a)), if such use is inconsistent with the intent, principle, or substance of the prescription or related coverage on the subject matter in the FAR.

(e) The authorization of lesser or greater limitations on the use of any solicitation provision, contract clause, policy, or procedure prescribed by the FAR.

(f) The issuance of policies or procedures that govern the contracting process or otherwise control contracting relationships that are not incorporated into agency acquisition regulations in accordance with

1.301(a).

Putting the text in Section C does not make it any less a deviation.

Govt2310 - is the transition period mentioned in Section C after the expiration of the contract?

woops85 - Yes, the transition is mentioned as covering a period of time that starts at the expiration of the contract's period of performance.

Thanks. I asked because my old shop always wrote "transition out" planning into the contracts with the plan required 90 or 120 days before end of POP and the transition actually during the POP and used continuity of services clause for anything after the POP.