Class Deviation RFO-2025-26: FAR Class Deviation for FAR Part 26 in Support of Executive Order 14275, Restoring Common Sense to Federal Procurement

Class Deviation RFO-2025-26
August 6, 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 26 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 26 for purposes of implementing the FAR Council’s model deviation to FAR part 26.

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 26, Other Socioeconomic Programs, has been reorganized within each subpart to follow the acquisition process (i.e., steps to take before solicitation vs. after award). This new structure makes it easier and faster to find needed information at each stage of a procurement.

Statutory requirements and presidential directives retained in the RFO FAR part 26 model deviation include, but are not limited to, the following:

6 U.S.C. § 796, Registry of Disaster Response Contractors
25 U.S.C. § 1544, Additional Compensation to Contractors of Federal Agency
41 U.S.C. §§ 8101 et seq, Drug Free Workplace
42 U.S.C. § 1792, Promoting Federal Food Donation
42 U.S.C. § 5150, Use of Local Firms and Individuals
Pub. L. 100-707 (42 U.S.C. §§ 5121 et seq), Robert T. Stafford Disaster Relief and Emergency Assistance Act
Pub. L. 114-328 Section 816, Amendments to Special Emergency Procurement Authority
Pub. L. 114-328 Section 1641, Special Emergency Procurement Authority to Facilitate the Defense Against or Recovery from a Cyber Attack
E.O. 12928, Promoting Procurement with Historically Black Colleges and Universities, and Minority Institutions

Change	Description
Retained	All subparts remain. The subparts are restructured from numerous scattered sections to sections that now reflect the acquisition lifecycle. The core tenets of the programs governed by part 26 are preserved. The 5% incentive payment for utilizing Indian organizations and Indian-owned economic enterprises as subcontractors remains allowable and is renumbered as 26.102-1. The statutory preference for awarding contracts to local firms in the aftermath of a major disaster or emergency remains and is renumbered as 26.202-1. The policy to encourage the participation of Historically Black Colleges and Universities and Minority Institutions in federal procurement continues and is renumbered as 26.301-1. The policy encouraging contractors to donate excess wholesome food remains the same and is renumbered as 26.402-1. The fundamental requirements to maintain a drug-free workplace continues and is renumbered as 26.504-1. All existing provisions and clauses are retained. The following clauses are updated: Clause 52.226-1, Utilization of Indian Organizations and Indian-Owned Economic Enterprises. Clause 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. This clause no longer flows down to subcontractors.
Removed	Former sections 26.601, “Purpose”, 26.602, “Applicability”, and 26.603, “Definitions” are removed. The clause at 52.226-8 retains the definitions. Former section 26.303, Data collection and reporting requirements is removed. Detailed data on contract awards is already captured and tracked through other methods (e.g., the Federal Procurement Data System (FPDS)). The procedures for challenges to representations under the Indian Incentive Program were removed from FAR part 26.103 and may be incorporated into non-regulatory guidance. Information pertaining to the Disaster Response Registry was removed from FAR part 26.205 and may be covered in non- regulatory guidance. Procedures related to the Food Donation Program were removed from FAR 26.403 and may be retained in non-regulatory guidance.

Change

Description

Retained

All subparts remain. The subparts are restructured from numerous scattered sections to sections that now reflect the acquisition lifecycle.
The core tenets of the programs governed by part 26 are preserved.
- The 5% incentive payment for utilizing Indian organizations and Indian-owned economic enterprises as subcontractors remains allowable and is renumbered as 26.102-1.
- The statutory preference for awarding contracts to local firms in the aftermath of a major disaster or emergency remains and is renumbered as 26.202-1.
- The policy to encourage the participation of Historically Black Colleges and Universities and Minority Institutions in federal procurement continues and is renumbered as 26.301-1.
- The policy encouraging contractors to donate excess wholesome food remains the same and is renumbered as 26.402-1.
- The fundamental requirements to maintain a drug-free workplace continues and is renumbered as 26.504-1.
All existing provisions and clauses are retained. The following clauses are updated:
- Clause 52.226-1, Utilization of Indian Organizations and Indian-Owned Economic Enterprises.
- Clause 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. This clause no longer flows down to subcontractors.

Removed

Former sections 26.601, “Purpose”, 26.602, “Applicability”, and 26.603, “Definitions” are removed. The clause at 52.226-8 retains the definitions.
Former section 26.303, Data collection and reporting requirements is removed. Detailed data on contract awards is already captured and tracked through other methods (e.g., the Federal Procurement Data System (FPDS)).
The procedures for challenges to representations under the Indian Incentive Program were removed from FAR part 26.103 and may be incorporated into non-regulatory guidance.
Information pertaining to the Disaster Response Registry was removed from FAR part 26.205 and may be covered in non- regulatory guidance.
Procedures related to the Food Donation Program were removed from FAR 26.403 and may be retained in non-regulatory guidance.

This table is not an exhaustive list.

4. Instructions

The GSA acquisition workforce shall follow the RFO part 26 model deviation text instead of FAR part 26 as codified at 48 CFR chapter 1. The Council’s RFO part 26 model deviation text is available at Acquisition.gov/far-overhaul, and is incorporated into this class deviation.
When using any provisions or clauses that have been revised, utilize the RFO model deviation language at RFO FAR part 52.
Do not include any of the removed provisions or clauses in future solicitations and contracts.
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.
Review templates and related standard operating procedures to remove unnecessary process 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.