This class deviation rescinds and supersedes Class Deviation 2013-O0019. Effective immediately, when using the Standard Procurement System (SPS) to contract for commercial items, all Department of Defense contracting activities may deviate from the requirements at Federal Acquisition Regulation (FAR) 12.301(b)(4) and the clause at FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items.
The clause at FAR 52.212-5 requires the contracting officer to "check a box" to identify the clauses that are applicable to the specific acquisition of commercial items. Rather than requiring the contracting officers to "check the applicable clauses," SPS has a clause logic capability that automatically selects the clauses under FAR clause 52.212-5.
Contracting officers may use the SPS clause logic capability to automatically select the clauses that are applicable to the specific solicitation and contract. Contracting officers shall ensure that the attached deviation clause is incorporated into these solicitations and contracts, because the deviation clause fulfills the statutory requirements on auditing and subcontract clauses applicable to commercial items. The deviation also authorizes adjustments to the attached deviation clause required by future changes to the clause at FAR 52.212-5 that are published in the FAR.
This class deviation is effective upon signature, and remains in effect for five years, or until otherwise rescinded.