FAR 52.252-5—Authorized Deviations in Provisions.
Plain-English Summary
FAR 52.252-5 tells contracting officers how to identify a solicitation provision when the Government is using an authorized deviation from the standard FAR text or from a supplemental regulation’s standard provision. It covers the required citation format for both FAR provisions and supplemental provisions, including the need to keep the original number, title, and date, and to add “(DEVIATION)” in the proper place. For supplemental provisions, it also requires the contracting officer to name the regulation and identify the CFR chapter. The clause exists to make deviations transparent to offerors, so they can tell when a solicitation provision is not the standard version and can evaluate the changed language correctly. In practice, this helps prevent confusion, supports fair competition, and creates a clear record that the solicitation departs from the baseline regulatory text under an authorized deviation.
Key Rules
Use only with authorized deviations
This provision applies when a solicitation includes a FAR or supplemental provision that has been approved for use with an authorized deviation. It is a labeling and identification rule, not a separate authority to deviate.
Keep the original citation
The contracting officer must identify the provision by the same number, title, and date it would have without the deviation. The deviation does not replace the underlying provision citation; it is added to it.
Add deviation notation to FAR provisions
For a FAR provision, the solicitation must show “(DEVIATION)” after the date of the provision. This signals that the standard FAR text has been altered under approved authority.
Identify supplemental regulations clearly
For a supplemental provision, the solicitation must include the regulation name and the CFR chapter, and show “(DEVIATION)” after the regulation name. This ensures offerors can tell which agency supplement is being used and that it is not standard text.
Use the prescribed solicitation clause
When a solicitation includes any FAR or supplemental provision with an authorized deviation, the contracting officer must insert FAR 52.252-5 in the solicitation as directed by the prescription at FAR 52.107(e).
Responsibilities
Contracting Officer
Determine whether a provision is being used with an authorized deviation, insert FAR 52.252-5 when required, and ensure the provision is cited with the correct number, title, date, and deviation notation. For supplemental provisions, the contracting officer must also insert the regulation name and CFR chapter.
Agency/Regulatory Authority
Authorize deviations in accordance with applicable deviation procedures and ensure the deviation is properly approved before the solicitation uses the altered provision.
Offerors/Contractors
Review the solicitation carefully and recognize that any provision marked with “(DEVIATION)” is not the standard FAR or supplemental text. They should account for the altered language when preparing offers, questions, or compliance responses.
Practical Implications
This clause is mainly a transparency and notice tool: it tells industry that the Government is using a modified provision, which can affect offer preparation and compliance obligations.
A common pitfall is failing to preserve the original provision’s number, title, and date; that can make it hard to trace the underlying standard text and the scope of the deviation.
Another frequent mistake is omitting the regulation name or CFR chapter for supplemental provisions, which can obscure the source of the deviation and create ambiguity.
Contracting officers should verify that the deviation is actually authorized before marking the provision, because the label does not cure an unauthorized deviation.
Offerors should pay close attention to any provision marked “(DEVIATION)” because even small wording changes can shift representations, certifications, or submission requirements.
Official Regulatory Text
As prescribed in 52.107 (e) , insert the following provision in solicitations that include any FAR or supplemental provision with an authorized deviation. Whenever any FAR or supplemental provision is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the provision when it is used without deviation, include regulation name for any supplemental provision, except that the contracting officer shall insert "(DEVIATION)" after the date of the provision. Authorized Deviations in Provisions (Nov 2020) (a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision. (b) The use in this solicitation of any ______________ [ insert regulation name ] (48 CFR Chapter ______ ) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of provision)