FAR 52.212-5 in the FAR overhaul: not carried forward in the deviation text, proposed for removal
FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services. Not carried forward in the deviation text, as the deviation text and GSA table list it; confidence high. As at 27 Sep 2026.
Rem. means not carried forward in the deviation text. "Proposed for removal" in the Proposed column means a proposed rule would remove the clause; nothing proposed is final.
Sources last checked 27 Sep 2026 (dataset version 1). What changed and when. An existing contract's clauses are not rewritten by a later deviation or proposed rule; they change only by modification.
What the source says changed
Deviation: Not carried forward. The RFO model FAR 12.205(b)(2) lists each required clause individually (Table 12-3), and commercial subcontract flow-down moves to the table in 52.244-6(b)(2). Proposed rule: The omnibus clause is proposed for removal; the Comptroller General examination of records requirement at 52.212-5(d) would move to 52.212-4(t).
Why this disposition
RFO model Part 52 shows 52.212-5 [Reserved]; GSA P&C Table disposition "Removed" with no successor named
Confidence: high. Read from an official table or the deviation or rule text itself.
Titles and where each is prescribed
- codified: Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services
- prescribed at 12.301(b)(4) (codified)
The proposed rule's words: FR 2026-19162 amendatory instruction: "12. Remove and reserve section 52.212-5."
Which agencies
DoD adopted the FAR Part 52 deviation text by class deviation 2026-O0038, effective 1 Feb 2026. GSA's table lists this clause as "Reserved". Confirm which deviation your contracting officer's agency has adopted.
What flows down
- Codified text (eCFR): no flow-down paragraph found in the text we hold. 48 CFR part 52 (codified FAR clauses) current to 24 Sep 2026 (issue 18 Sep 2026)
- 52.212-5(e)(1) lists 30 clauses for flow-down: 52.203-13, 52.203-17, 52.203-19, 52.204-23, 52.204-25, 52.204-27, 52.204-30, 52.219-8, 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.222-40, 52.222-41, 52.222-50, 52.222-51, 52.222-53, 52.222-54, 52.222-55, 52.222-62, 52.224-3, 52.225-26, 52.226-6, 52.232-40, 52.240-1, 52.247-64, 52.204-30 Alt I, 52.222-50 Alt I, 52.224-3 Alt I. 48 CFR 52.212-5 current to 24 Sep 2026
- Under the deviation: 52.212-5 is [Reserved] in the RFO model Part 52 and marked Removed in the GSA P&C Table. Required clauses are listed individually at RFO FAR 12.205(b)(2) Table 12-3, and the commercial subcontract flow-down list is the table at 52.244-6(b)(2).
- No flow-down paragraph found in the text we hold, and none of the flow-down lists held names it. That is not a statement that it does not flow down.
Sources, with their dates
- 48 CFR part 52 (codified FAR clauses) current to 24 Sep 2026 (issue 18 Sep 2026), clause dated MAR 2026
- FAR Overhaul - Part 52, Solicitation Provisions and Contract Clauses (RFO model deviation text) issued 28 Oct 2025, updated 1 Jul 2026
- GSA RFO Part 52 Provision and Clause Table 1 Apr 2026, disposition "Removed"
- DoD RFO class deviation file: 2026-O0038_TAB_A_Deviation_Memo_Part_52.pdf 20 January 2026, effective 1 Feb 2026
- Federal Acquisition Regulation: Revolutionary FAR Overhaul Parts 8, 12, 13, 15, 38, 44, and 51 18 Sep 2026, 91 FR 59406, FAR Case 2026-003
Questions
What is FAR 52.212-5 called after the FAR overhaul?
FAR 52.212-5 in the FAR overhaul: not carried forward in the deviation text, proposed for removal. The codified number is 52.212-5; the deviation text lists no number; proposed for removal. As at 27 Sep 2026.
Which number does a contract carry for FAR 52.212-5 after the FAR overhaul?
Which number a given contract carries depends on the deviation the contracting agency has adopted and the date of the solicitation or modification. DoD adopted the FAR Part 52 deviation text effective 1 Feb 2026. Confirm which deviation your contracting officer's agency has adopted.
Is the change to FAR 52.212-5 final?
No final FAR overhaul rule had been published in the Federal Register as at 27 Sep 2026. Proposed for removal.