PF 2025-49 Class Deviation to Adopt Revolutionary FAR Overhaul (RFO) Part 36 - Construction and Architect-Engineer Contracts
DATE: August 25, 2025
TO: HCAs/Procurement Directors/Contracting Officers
FROM: Director, Contract and Financial Assistance Policy Division, Office of Policy, Office of Acquisition Management
SUMMARY: This class deviation, issued pursuant to Section 2 of Executive Order 14275, Restoring Common Sense to Federal Procurement, Office of Management and Budget (OMB) memorandum M-25-26, Overhauling the Federal Acquisition Regulation, and FAR Council memorandum titled Deviation Guidance to Support the Overhaul of the Federal Acquisition Regulation, implements the FAR Council’s RFO model deviation text for FAR Part 36 and relevant sections of FAR Part 52. Contracting officers shall follow RFO Model Deviation text for Part 36 in lieu of 48 Code of Federal Regulations (CFR) Part 36 and the RFO Model Deviation text for the applicable sections of Part 52 in lieu of the corresponding applicable sections at 48 CFR 52.236-1 through 52.236-28. Note, however, that the alternates for clauses 52.236-13, 52.236-16, and 52.236-21 have not been revised. Contracting officers should also note that clauses 52.236-18 Work Oversight in Cost-Reimbursement Construction Contracts, 52.236-24 Work Oversight in Architect-Engineer Contracts, and 52.236-25 Requirements for Registration of Designers are retained without any revision.
The DOE class deviation, OMB Memorandum M-25-26, Overhauling the Federal Acquisition Regulation, FAR Council Memorandum titled Deviation Guidance to Support the Overhaul of the Federal Acquisition Regulation, and RFO Part 36 and applicable sections of Part 52 Model Deviation Text are attached. The FAR Council’s RFO Part 36 and Part 52 model deviation texts are also available at Acquisition.gov, under the FAR Overhaul link.
Contracting officers should review the FAR Part 36 Practitioner Album at Practitioner Album: FAR Part 36 - Construction and Architect-Engineer Contracts for further information regarding a summary of changes, line out, and smart accelerators, and earning CLPs by completing the Practitioner Album.
Questions concerning this policy flash should be directed to the Contract and Financial Assistance Policy Division at DOE_oapmpolicy@hq.doe.gov.
For NNSA questions concerning this policy flash, please contact Acquisition Policy and Oversight Division, Policy & Oversight Branch (NA-PAS-111), at (505) 845-5639.