Common use of Exceptions and Deviations Clause in Contracts

Exceptions and Deviations. All exceptions and deviations that the offeror takes from the provisions of the solicitation and its applicable documents shall be included in this section. An exception is where an offeror states it will not comply with a solicitation requirement, usually involving contract terms and conditions. A deviation is where an offeror states it will not comply with a solicitation requirement but proposes an alternative to meet the intent of the requirement, usually involving a SOW requirement. An exception or deviation is considered a deficiency. Offerors are highly encouraged to submit questions regarding any areas of the solicitation as early as possible if they may lead to an exception or deviation so it can be resolved. If the offeror takes any exceptions or deviations to the provisions of the solicitation and its applicable documents, the offeror shall provide the following statement: “All exceptions and deviations taken from the solicitation terms, conditions or requirements, including any applicable documents, are included in this section”. If the offeror does not take any such exceptions or deviations, then the offeror shall provide the following statement: “No exceptions or deviations are taken to the terms and conditions or any requirement of the solicitation.”