Class Deviation RFO-2025-44: FAR Class Deviation for FAR Part 44 in Support of Executive Order 14275, Restoring Common Sense to Federal Procurement

Class Deviation RFO-2025-44
August 27, 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 44 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 44 for purposes of implementing the FAR Council’s model deviation to FAR part 44.

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 44, Subcontracting Policies and Procedures, has been updated to create a more agile, risk-based, and efficient system that empowers contracting officers, reduces administrative burdens on contractors, and encourages broader participation from the commercial sector.

Statutory requirements retained in the RFO FAR part 44 model deviation include, but may not be limited to, the following:

10 U.S.C. § 3322(c) and 41 U.S.C. § 3905(c), Advance Notice of Certain Subcontracts
41 U.S.C. § 3307, Preference for Commercial Products and Commercial Services

Change	Description
Retained	The revised part structure consolidates relevant guidance into process-oriented subparts: Subpart 44.1 - Reserved Subpart 44.2 - Evaluation and Award Subpart 44.3 - Postaward Subpart 44.4 - Subcontracts for Commercial Products and Commercial Services Most of the “Definitions”, now at section 44.001 are retained with only minor, non-substantive wording changes, with the exception of “approved purchasing system”. This definition can still be found at clause 52.244-2. Subpart 44.2 has been significantly streamlined to consolidate policies related to subcontract consent, advance notification, and the contracting officer’s evaluation process. The previous section 44.202-2(a) contained a detailed, 13-point checklist of considerations that the contracting officer was required to consider “at a minimum” for every consent request. Now, the new 44.201-3(b) provides a shorter, higher-level list of four situations that necessitate “careful and thorough review and consideration” of the request to subcontract. Note that the FAR Companion Guide is expected to provide additional guidance on notice and consent best practices for commercial time and materials contracts. Subpart 44.3 is reorganized and streamlined into five subsections (from seven separate sections): 44.301-1 Objective 44.301-2 Requirements 44.301-3 Responsibilities for granting, withholding or withdrawing approval 44.301-4 Notice 44.301-5 Withholding or withdrawing approval Section 44.402 now breaks down “Requirements” into three distinct categories that improve readability: Preference (for commercial products and services) Flowdown (rules for flowing down clauses) Inapplicable laws (laws that do not apply to commercial products and services) The following clauses are retained (or remain reserved if previously reserved) with no changes to the text. 52.244-1 Reserved 52.244-2 Subcontracts 52.244-3 Reserved 52.244-4 Subcontractors and Outside Associates and Consultants (Architect-Engineer Services) 52.244-5 Competition in Subcontracting The following clause is retained, with streamlining updates to reflect other RFO changes and references. 52.244-6 Subcontracts for Commercial Products and Commercial Services
Removed	The use of Administrative Contracting Officer (ACO) is no longer used as a designation. The part now reflects “Contracting Officer” where ACO was previously shown. The requirements for Contractor Purchasing System Reviews (CPSR) are significantly streamlined to remove overly prescriptive conditions. “Extent of Review”, with its 11 special attention areas, is removed (former section 44.303). “Reports”, with its distribution requirements, is removed (former section 44.307).

Change

Description

Retained

The revised part structure consolidates relevant guidance into process-oriented subparts:
- Subpart 44.1 - Reserved
- Subpart 44.2 - Evaluation and Award
- Subpart 44.3 - Postaward
- Subpart 44.4 - Subcontracts for Commercial Products and Commercial Services
Most of the “Definitions”, now at section 44.001 are retained with only minor, non-substantive wording changes, with the exception of “approved purchasing system”. This definition can still be found at clause 52.244-2.
Subpart 44.2 has been significantly streamlined to consolidate policies related to subcontract consent, advance notification, and the contracting officer’s evaluation process.
- The previous section 44.202-2(a) contained a detailed, 13-point checklist of considerations that the contracting officer was required to consider “at a minimum” for every consent request. Now, the new 44.201-3(b) provides a shorter, higher-level list of four situations that necessitate “careful and thorough review and consideration” of the request to subcontract.
- Note that the FAR Companion Guide is expected to provide additional guidance on notice and consent best practices for commercial time and materials contracts.
Subpart 44.3 is reorganized and streamlined into five subsections (from seven separate sections):
- 44.301-1 Objective
- 44.301-2 Requirements
- 44.301-3 Responsibilities for granting, withholding or withdrawing approval
- 44.301-4 Notice
- 44.301-5 Withholding or withdrawing approval
Section 44.402 now breaks down “Requirements” into three distinct categories that improve readability:
- Preference (for commercial products and services)
- Flowdown (rules for flowing down clauses)
- Inapplicable laws (laws that do not apply to commercial products and services)
The following clauses are retained (or remain reserved if previously reserved) with no changes to the text.
- 52.244-1 Reserved
- 52.244-2 Subcontracts
- 52.244-3 Reserved
- 52.244-4 Subcontractors and Outside Associates and Consultants (Architect-Engineer Services)
- 52.244-5 Competition in Subcontracting
The following clause is retained, with streamlining updates to reflect other RFO changes and references.
- 52.244-6 Subcontracts for Commercial Products and Commercial Services

Removed

The use of Administrative Contracting Officer (ACO) is no longer used as a designation. The part now reflects “Contracting Officer” where ACO was previously shown.
The requirements for Contractor Purchasing System Reviews (CPSR) are significantly streamlined to remove overly prescriptive conditions.
- “Extent of Review”, with its 11 special attention areas, is removed (former section 44.303).
- “Reports”, with its distribution requirements, is removed (former section 44.307).

This table is not an exhaustive list.

4. Instructions

The GSA acquisition workforce must follow the RFO part 44 and corresponding 52 model deviation text instead of FAR part 44 and 52 as codified at 48 CFR Chapter 1. The Council’s RFO part 44 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.