PF 2026-43 Class Deviation Supplement to Revolutionary FAR Overhaul (RFO) Parts 9, 12, 22, and 52 to Implement Executive Order 14398 Addressing DEI Discrimination by Federal Contractors and FAR Council Memorandum dated April 17, 2026

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PF 2026-43 Class Deviation Supplement to Revolutionary FAR Overhaul (RFO) Parts 9, 12, 22, and 52 to Implement Executive Order 14398 Addressing DEI Discrimination by Federal Contractors and FAR Council Memorandum dated April 17, 2026

DATE:  April 28, 2026

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 supplements the class deviations that implemented the Federal Acquisition Regulatory Council’s model deviation texts for Federal Acquisition Regulation (FAR) Part 9 – Contractor Qualifications, Part 12 – Acquisition of Commercial Products and Commercial Services, Part 22 – Application of Labor Laws to Government Acquisitions, and applicable sections of Part 52 – Solicitation Provisions and Contract Clauses, to implement Executive Order 14398 Addressing DEI Discrimination by Federal Contractors and FAR Council Memorandum dated April 17, 2026. The revised model deviations texts are part of the Revolutionary FAR Overhaul (RFO) initiated under Section 2 of Executive Order (E.O.) 14275, Restoring Common Sense to Federal Procurement. 

The attached FAR Council memorandum provides revisions to the model deviation texts for several sections of FAR parts 9, 12, 22, and 52. In addition, for convenience, the impacted model deviation texts for parts 9, 12, 22, and 44 (which include the impacted sections of part 52), issued via class deviations, have been updated to include the revisions, and the Policy Flashes that transmitted the impacted model deviation texts have been updated with a note indicating that the model deviation text attached to the class deviation has been updated to implement Executive Order 14398 Addressing DEI Discrimination by Federal Contractors and FAR Council Memorandum dated April 17, 2026.

Contracting officers are to follow the revised RFO model deviation text for parts 9, 12, 22, and applicable sections of Part 52 in lieu of the model deviation texts previously issued for these parts and sections via class deviation. 

In addition, pursuant to the FAR Council memorandum’s guidance, beginning April 27, 2026, contracting officers must take the following actions:

  • New solicitations and resulting contracts 
    • Insert the clause at FAR 52.222-90, Addressing DEI Discrimination by Federal Contractors (DEVIATION APR 2026) in new solicitations and resulting contracts valued over the micro-purchase threshold, including those for commercial products and commercial services, except those that result in contracts for which the place of delivery or performance is outside the United States. 
    • In accordance with FAR 1.107(d) (as implemented by DOE/NNSA class deviation, PF 2025-33, June 10, 2025), amend any open solicitations to incorporate the clause.
  • Existing contracts
    • In accordance with FAR 1.107(d) (as implemented by DOE/NNSA class deviation, PF 2025-33, June 10, 2025), make every effort to bilaterally modify existing contracts (i.e., definitive contracts and indefinite-delivery contracts) valued over the micro-purchase threshold, including those for commercial products and commercial services, except those for which the place of delivery or performance is outside the United States by July 24, 2026 to insert the clause. If a contractor refuses to agree to a bilateral modification, consider whether, absent the addition of the new clause, the contract no longer meets the agency’s needs and should therefore be terminated for convenience.
    • Existing orders under GSA government-wide contracts (FSS, GWACs, other GSA-managed multi-agency contracts) do not need to be modified; the master contract’s modification covers the orders. 
    • Modification of contracts with a final expiration no later than December 31, 2026 do not need to be modified to add the new clause. 

Contracting activities should review templates and related standard operating procedures to align with this class deviation and remove unnecessary processes and steps.

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.

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