Class Deviation RFO-2025-25: FAR Class Deviation for FAR Part 25 in Support of Executive Order 14275, Restoring Common Sense to Federal Procurement

Class Deviation RFO-2025-25
September 30, 2025
MEMORANDUM FOR GSA CONTRACTING ACTIVITIES
FROM AND DIGITALLY SIGNED BY: Jeffrey A. Koses, Senior Procurement Executive, Office of Acquisition Policy (MV)
SUBJECT: FAR Class Deviation for FAR Part 25 in Support of Executive Order 14275, Restoring Common Sense to Federal Procurement

On this page:

Purpose
Background
Summary of changes
Instructions
Applicability
Authority
Effective date
Have a question?

1. Purpose

This memorandum approves a class deviation to Federal Acquisition Regulation (FAR) part 25 for purposes of implementing the FAR Council’s model deviation to FAR part 25.

2. Background

Executive Order (E.O.) 14275, Restoring Common Sense to Federal Procurement, signed April 15, 2025, mandates a comprehensive review and simplification of the Federal Acquisition Regulation.

The FAR is being updated to:

Eliminate non-statutory language.
Remove redundant or obsolete language.
Enhance clarity through plain language.
Align with the new FAR framework.
Preserve essential governmentwide acquisition standards.

This project is referred to as the Revolutionary FAR Overhaul (RFO) initiative. This initiative will make the FAR more concise, understandable, and focused on core procurement requirements.

3. Summary of changes

FAR part 25, Foreign Acquisition, has been updated and reorganized to improve clarity, remove obsolete material, and logically group related content for enhanced usability by acquisition professionals.

Key highlights include:

Adopting the centralized waiver process for nonavailability determinations including submission to the Made In America Office (MIAO), posting the waiver to the public- facing website, MadeinAmerica.gov, and using a digital waiver portal managed by the MIAO.
Moving evaluation examples for foreign offers from the FAR. They are expected to be moved to the FAR Companion.

Statutory requirements and presidential directives retained in the RFO FAR part 25 model deviation include, but may not be limited to, the following:

19 U.S.C. §§ 2501 et seq, Trade Agreements Act of 1979
22 U.S.C. § 3305, The American Institute in Taiwan
41 U.S.C. §§ 8301 et seq, Buy American
E.O. 10582, Prescribing Uniform Procedures for Certain Determinations Under the Buy-American Act
E.O. 13881, Maximizing Use of American-Made Goods, Products, and Materials
E.O. 14005, Ensuring the Future Is Made in All of America by All of America’s Workers
Pub. L. 103-465, World Trade Organization Government Procurement Agreement (WTO GPA), as approved in the Uruguay Round Agreements Act
Free Trade Agreements (FTA) and Other International Agreements
- Pub. L. 98-67, Caribbean Basin Economic Recovery Act
- Pub. L. 99-47, United States-Israel Free Trade Area Implementation Act of 1985
- Pub. L. 108-77, United States-Chile Free Trade Agreement Implementation Act
- Pub. L. 108-78, United States-Singapore Free Trade Agreement Implementation Act
- Pub. L. 108-286, United States-Australia Free Trade Agreement Implementation Act
- Pub. L. 108-302, Morocco Free Trade Agreement Implementation Act
- Pub. L. 109-53, Dominican Republic-Central America-United States Free Trade Agreement Implementation Act
- Pub. L. 109-169, United States-Bahrain Free Trade Agreement Implementation Act
- Pub. L. 109-283, United States-Oman Free Trade Agreement Implementation Act
- Pub. L. 110-138, United States-Peru Trade Promotion Agreement Implementation Act
- Pub. L. 112-41, United States-Korea Free Trade Agreement Implementation Act
- Pub. L. 112-42, United States-Columbia Trade Promotion Agreement Implementation Act
- Pub. L. 112-43, United States-Panama Trade Promotion Agreement Implementation Act
- Pub. L. 116-113, United States-Mexico-Canada Agreement (USMCA) Implementation Act

Change	Description
Retained	Section 25.001, “General”, is retained with minor updates to remove reference to the American Recovery and Reinvestment Act (ARRA) of 2009 (Pub. L. 111-5), which is no longer active. Section 25.003, “Definitions”, is retained with minor edits throughout. Subpart 25.8, “Other International Agreements and Coordination”, is retained because it is anchored in international treaties and agreements that are part of international law. Subpart 25.9, “Customs and Duties”, is retained in full because it implements statutory customs requirements and duty requirements. Subpart 25.10, “Additional Foreign Acquisition Regulations”, is mostly retained as statutorily required. Section 25.1003, “Tax on Certain Foreign Procurements”, is deleted as this content is implemented in part 29. The FAR Companion is expected to include best practice information on tax on foreign procurements. The following provisions and clauses are retained (or remain reserved) with no changes: 52.225-2 (Provision), Buy American Certificate 52.225-5 (Clause), Trade Agreements 52.225-6 (Provision), Trade Agreements Certificate 52.225-7 (Provision), Waiver of Buy American Statute for Civil Aircraft and Related Articles 52.225-8 (Clause), Duty-Free Entry 52.225-10 (Provision), Notice of Buy American Requirement—Construction Materials 52.225-12 (Provision), Notice of Buy American Requirement—Construction Materials Under Trade Agreements 52.225-14 (Clause), Inconsistency between English Version and Translation of Contract 52.225-15 & 52.225-16 remain reserved 52.225-17 (Provision), Evaluation of Foreign Currency Offers 52.225-18 (Provision), Place of Manufacture 52.225-19 (Clause), Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States 52.225-26 (Clause), Contractors Performing Private Security Functions Outside the United States.
Moved/updated	Section 25.002, “Applicability of Subparts”, has been updated to align with the part 25 organizational structure and is expected to be moved to the FAR Companion. Subpart 25.1, “Buy American— Supplies”, is retained and updated. Section 25.103 adopts the centralized waiver process for individual nonavailability determinations. Submission to MIAO: The new 25.103(b)(2)(iii) requires contracting officers to submit a proposed individual nonavailability waiver for review and posting to the public-facing website, MadeinAmerica.gov, using a digital waiver portal managed by the MIAO. Prohibition on Award: The contracting officer may not make an award until: (1) the MIAO has completed its review of the proposed waiver; (2) the MIAO has waived the review requirement; or (3) a specific exception to the posting requirement applies. Procedural Details: Subparagraphs (b)(2)(iii)(A) through (D) require the use of a standardized digital form, specify that certain information will be made public, establish MIAO review times, and outline exceptions for urgent requirements. In cases of urgency, a report must be filed within 30 days of award. Subpart 25.2, “Buy American—Construction Materials”, is retained and revised to align with the changes in subpart 25.1 and to streamline its content. Section 25.203, “Preaward Determinations” Section 25.203(a) has been streamlined. The instructions for offerors are more appropriately located within the solicitation provisions (e.g., 52.225-10 and 52.225-12). Section 25.204, “Evaluating Offers of Foreign Construction Material”, has been revised for clarity and restructured. Subpart 25.4, “Trade Agreements”, is updated to remove the specific requirement for post-award notices previously at 25.408(a)(5), as it is redundant of content in other FAR parts. Subpart 25.5, “Evaluating Foreign Offers—Supply Contracts” The examples and tables formerly at section 25.504, “Evaluation Examples” are removed and expected to be included in the FAR Companion. Subpart 25.6, “Solicitation Provisions and Contract Clauses”, is a relocation of the former Subpart 25.11. The content and structure are largely identical. Subpart 25.11 is now reserved. Subpart 25.7, “Contracts Performed Outside the United States”, is a relocation of the former Subpart 25.3. The content and structure are largely identical. Subpart 25.3 is now reserved. The following provision and clauses have been updated to reflect plain language, update cross-references, or make corresponding updates within the part: 52.225-1 (Clause), Buy American—Supplies 52.225-3 (Clause), Buy American—Free Trade Agreements—Israeli Trade Act 52.225-4 (Provision), Buy American—Free Trade Agreements—Israeli Trade Act Certificate 52.225-9 (Clause), Buy American—Construction Materials 52.225-11 (Clause), Buy American—Construction Materials Under Trade Agreement
Removed	Subpart 25.6, “American Recovery and Reinvestment Act-Buy American statute-Construction Materials”, is deleted as obsolete because the content was specific to construction projects funded by the ARRA of 2009 which is no longer active. ● Subpart 25.7, “Prohibited Sources”, is deleted, along with the following provisions and clauses, because this content has been moved to RFO FAR part 40. 52.225-13 (Clause), Restrictions on Certain Foreign Purchases 52.225-20 (Provision), Prohibition on Conducting Restricted Business Operations in Sudan—Certification. 52.225-25 (Provision), Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. The following provisions and clauses were deleted as obsolete because the content was specific to construction projects funded by the ARRA of 2009 which is no longer active: 52.225-21 (Clause), Required Use of American Iron, Steel, and Manufactured Goods—Buy American Statute— Construction Materials. 52.225-22 (Provision), Notice of Required Use of American Iron, Steel, and Manufactured Goods—Buy American Statute—Construction Materials 52.225-23 (Clause), Required Use of American Iron, Steel, and Manufactured Goods—Buy American Statute— Construction Materials Under Trade Agreements. 52.225-24 (Provision), Notice of Required Use of American Iron, Steel, and Manufactured Goods—Buy American Statute—Construction Materials Under Trade Agreements.

This table is not an exhaustive list.

4. Instructions

The GSA acquisition workforce shall follow the RFO part 25 model deviation text instead of FAR part 25 as codified at 48 CFR chapter 1. The Council’s RFO part 25 model deviation text is available at Acquisition.gov/far-overhaul, and is incorporated into this class deviation.
For new solicitations or contracts, when using any provisions or clauses that have been revised, utilize the RFO model deviation language at RFO FAR part 52.
For open solicitations or awarded contracts, the contracting officer has discretion regarding the need to enforce or amend the provisions or clauses. Note that without some of the removed provisions or clauses, the contracting officer may be required to separately address certain aspects in the contract.
Contracting activities must review templates and related standard operating procedures to align with this class deviation and remove unnecessary processes and steps.

5. Applicability

This class deviation applies to all GSA procurements.

6. Authority

This class deviation is issued under the authority of EO 14275, OMB Memo M-25- 26 [PDF], 48 CFR 1.4, and RFO FAR 1.304.

7. Effective date

This class deviation is effective November 3, 2025 and remains in effect until rescinded or incorporated into the FAR.

8. Have a question?

Try asking GSAi first (upload the new RFO language and GSA’s implementing deviation, then ask your question. Please note, GSAi is accessible to GSA employees only). If you still need clarification, email the GSA Acquisition Policy Division at GSARPolicy@gsa.gov.