Class Deviation 2020-O0016
Original Documents, Signatures, Seals, and Notarization

Effective immediately, to respond to the Coronavirus Disease 2019 (COVID-19) national emergency, contracting officers shall utilize the deviations from the Federal Acquisition Regulation (FAR) and the Defense Federal Acquisition Regulation Supplement (DFARS) authorized in attachments 1 and 2, respectively, to provide flexibility with regard to original documents, manual signatures, seals, and notarization in order to facilitate certain essential contracting procedures.

Specifically, when obtaining financial protection against losses under contracts per FAR part 28—

  • Electronic signatures and electronic, mechanically-applied, or printed dates may be used and shall be considered original signatures and dates, without regard to the order in which they are affixed for all of part 28, not just 28.101-3;
  • A corporate seal is not required on any form listed at FAR 28.106-1;
  • The signed statement by the contractor that payment is due and owed referenced at FAR 28.106-8 is not required to be notarized;
  • The Standard Form 28 executed by the individual surety pursuant to FAR 28.203(b) is not required to be sworn and notarized as indicated on the form;
  • A written authorization of the release signed by the surety is acceptable, in lieu of the notarized authorization of release by the surety required by FAR 28.203-5(a); and
  • Use the following deviation clauses, in lieu of the corresponding FAR clauses:
    • 52.228-11, Pledges of Assets (DEVIATION 2020-O0016), which removes the requirement for the Standard Form 28 to be sworn and notarized.
    • 52.228-15, Performance and Payment Bonds—Construction (DEVIATION 2020- O0016), which removes the requirements for seals on Standard Forms.
    • 52.228-16, Performance and Payment Bonds—Other than Construction (DEVIATION 2020-O0016), which removes requirements for seals on Standard Forms.

When processing assignment of claims per FAR subpart 32.8—

  • A copy of the assignment instrument is acceptable, in lieu of a true copy of the assignment instrument as required by FAR 32.802(e); and
  • Electronic signatures by responsible parties and electronic filing of assignment instruments and notices of assignments as outlined in attachments 1 and 2 are acceptable, in lieu of the requirements at FAR 32.805 and DFARS 232.805.

When executing novation agreements and change-of-name agreements per FAR part 42—

  • Copies of the documents listed at FAR 42.1204(f) are acceptable in lieu of authenticated or certified copies; and
  • Novation Agreements as described at FAR 42.1204(i) and Change-of-Name Agreements as described at FAR 42.1205(b) do not require corporate seals.

This class deviation remains in effect until rescinded.

Status:
Active
Effective Date: April 30, 2020 (10 months ago)
Expire Date: None Given
Official Documents: Memo
Official Attachments: 1 2
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