Signature Date: February 7, 2026
Memorandum To:
Heads of the Contracting Activities (HCAs)
From:
Jennifer D. Johnson
Acting Deputy Assistant Secretary for Acquisitions and Senior Procurement Executive
Office of Acquisitions (OA)
Office of the Assistant Secretary for Financial Resources (ASFR)
Department of Health and Human Services (HHS)
Acting Deputy Assistant Secretary for Acquisitions and Senior Procurement Executive
Office of Acquisitions (OA)
Office of the Assistant Secretary for Financial Resources (ASFR)
Department of Health and Human Services (HHS)
Subject:
Department of Health and Human Services Acquisition Regulation (HHSAR) Class Deviation (CD) No. 2026-02, in Support of Executive Order (EO) 14275, “Restoring Common Sense to Federal Procurement;” Deviation to HHSAR Parts 307, 308, 331, 335, 336, and Applicable Portions of 352.
1. EFFECTIVE DATE:
Immediately upon signature.
2. EXPIRATION DATE:
This CD is effective until incorporated into the HHSAR, superseded, or otherwise rescinded.
3. PURPOSE:
This HHSAR CD implements requirements to comply with EO 14275, Restoring Common Sense to Federal Procurement, and the Revolutionary FAR Overhaul (RFO) initiative. This CD revises HHSAR parts 307, 308, 331, 335, 336, and applicable portions of 352 to align with the FAR Council’s RFO model deviation text for FAR parts 7, 8, 31, 35, 36, and 52.
4. APPLICABILITY:
The requirements in this CD are applicable to all HHS Divisions for applicable solicitations, contracts, and orders.
5. ROLES AND RESPONSIBILITIES:
Heads of the Contracting Activities (HCAs) must ensure this CD is disseminated to the acquisition workforce and ensure compliance with the requirements in the CD. Additionally, HCAs must review and update any applicable internal procedures and guidance to reflect the policies and guidance contained herein.
6. BACKGROUND:
On April 15, 2025, EO 14275, Restoring Common Sense to Federal Procurement, was signed. Section 2 of the EO establishes the policy that the FAR “should only contain provisions required by statute or essential to sound procurement, and any FAR provisions that do not advance these objectives should be removed.”
Under the RFO initiative, the FAR is being updated to:
- Remove language that is not required by statute
- Remove duplicative or outdated language
- Clarify or provide more plain language
- Revise language for the new FAR framework
- Retain language necessary for governmentwide acquisition standards.
The FAR Council released their RFO model deviation text and affected part 52 solicitation provisions and contract clauses for the following parts, as applicable, on the dates as shown:
- FAR part 7 and affected FAR part 52 - June 27, 2025
- FAR part 8 and affected FAR part 52 – August 14, 2025
- FAR part 31 – July 17, 2025
- FAR part 35 – July 24, 2025
- FAR part 36 and affected FAR part 52 – July 24, 2025.
These changes flow down to and directly impact the HHSAR and require immediate updates.
41 U.S.C. 1707(a)(1) requires that a procurement policy, regulation, procedure, or form, including an amendment or modification, may not take effect until 60 days after it is published for public comment in the Federal Register if it “(A) relates to the expenditure of appropriated funds; and (B)(i) has a significant effect beyond the internal operating procedures of the agency issuing the policy, regulation, procedure, or form; or (ii) has a significant cost or administrative impact on contractors or offerors.”
However, to ensure alignment with recently issued EOs, it is necessary to issue this CD in advance of a proposed rule to ensure HHS solicitations, contracts, and orders consistently reflect the policies and priorities of the Administration. HHS intends on developing a rule after the release of this CD.
7. POLICY/GUIDANCE:
HHS contracting staff must comply with the following:
- A. Follow the RFO HHSAR parts 307, 308, 331, 335, and 336 deviation text, including the corresponding part 352 deviation text, instead of HHSAR parts 307, 308, 331, 335, and 336 as codified at 48 CFR Chapter 3. The RFO HHSAR deviation text is shown in the Attachments listed in Section 11.
- B. When issuing new solicitations, contracts, or orders:
- Do not include any of the removed provisions or clauses (i.e., any provisions or clauses marked as “[Reserved]”) in any of the Attachments listed in Section 11.
- Include applicable deviated provisions and clauses identified in the Attachments listed in Section 11.
- For deviated provisions or clauses, (i.e., any provisions or clauses marked with “(DEVIATION DATE)”), utilize the deviated text of the Attachments listed in Section 11.
- C. For open solicitations:
- Amend the solicitation to remove any provisions and clauses (i.e., any provisions or clauses marked as “[Reserved]”) that have been removed in the deviated text of the Attachments listed in Section 11.
- Amend the solicitation to include or update any applicable deviated provisions or clauses (i.e., any provisions or clauses marked as “[Reserved]”) in the deviated text of the Attachments listed in Section 11.
- D. For existing contracts and orders:
- At the next available opportunity, modify the contract or order to remove any clauses (i.e., any provisions or clauses marked as “[Reserved]”) that have been removed in the deviated text of the Attachments listed in Section 11.
- At the next available opportunity, modify the contract or order to include or update any applicable deviated clauses (i.e., any provisions or clauses marked as “[Reserved]”).
8. AUTHORITY:
This CD is issued under the authority of RFO FAR 1.304, Class deviations; RFO HHSAR 301.103, Authority; and RFO HHSAR 301.302, Policy.
9. SUMMARY OF HHSAR CHANGES:
To implement or align with the requirements of the RFO, the HHSAR is deviated, renumbered, revised, and updated with plain language edits. Notable changes are summarized below, and all changes are reflected in the Attachments listed in Section 11.
- HHSAR Part 307—Acquisition Planning
- Part 307 is reserved in its entirety.
- Section 307.105 is removed.
- Part 307 is reserved in its entirety.
- HHSAR Part 308—Required Sources of Supplies and Services
- Subpart 308.4—Federal Supply Schedules
- Subpart 308.4 and subsection 308.405-6 are removed.
- Subpart 308.8—Acquisition of Printing and Related Supplies
- Renamed “Acquisition of Government Printing and Related Supplies” and renumbered 308.5.
- Sections 308.800 and 308.801 were deleted.
- Subpart 308.802 renumbered to 308.502 and edited to remove non-statutory guidance.
- Subpart 308.803 renumbered to 308.570 and renamed from “Solicitation Provisions and Contract clause” to “Contract Clause.”
- HHSAR Clause 352.208-70 Printing Duplication revised for plain language.
- Subpart 308.4—Federal Supply Schedules
- HHSAR Part 331—Contract Cost Principles and Procedures
- Subpart 331.1—Applicability.
- Section 331.101-70 is renumbered as 331.170 to align with RFO FAR subpart 31.1 renumbering. Paragraph (a) is revised to include updated Public Law citations governing the requirements.
- HHSAR clause 352.231-70, Salary Rate Limitation, was revised for plain language.
- Subpart 331.1—Applicability.
- HHSAR Part 335—Research and Development Contracting
- Part 335 is reserved in its entirety.
- Section 335.070 and its underlying subsections are removed.
- Sections 335.071 and 335.072 are removed.
- Part 335 is reserved in its entirety.
- HHSAR Part 336—Construction and Architect-Engineer Contracts
- Subpart 336.1 was renamed from “General” to “Pre-solicitation” to align with RFO FAR subpart and its existing section 336.104 was removed.
- Subpart 336.101 was added as a header with no text.
- Section 336.570 “Contract Clause” was renamed and renumbered to subsection 336.101-70 “Design-build contract clause.” Existing text was revised to remove non-statutory guidance, and guidance no longer applicable.
- HHSAR Clause 352.236-70 “Design-build contract clause was revised for plain language, to remove non-statutory guidance, and repetitive guidance.
- Subpart 336.5 was removed.
- Subpart 336.1 was renamed from “General” to “Pre-solicitation” to align with RFO FAR subpart and its existing section 336.104 was removed.
- HHSAR Part 352—Solicitation Provisions and Contract Clauses
- Updates and revisions to provisions and clauses are identified above in their applicable HHSAR part.
10. CONTACT:
Acquisition workforce members with questions regarding this CD should contact their cognizant Division Acquisition Office or Acquisition Policy Council (APC) Representative(s), as appropriate.
The current list of APC Representatives may be found on the Acquisition Councils and Workgroups Page of the HHS Acquisition Portal (HHSAP). (Note: The HHSAP is accessible only by HHS employees and contractors on the HHS network. It is not publicly accessible.)
All other questions should be directed to Acquisition_Policy@hhs.gov.
11. ATTACHMENT(S):
Attachment 1 – RFO HHSAR Part 307 Deviation Text
Attachment 2 – RFO HHSAR Part 308 & Applicable Part 352 Deviation Text
Attachment 3 – RFO HHSAR Part 331 & Applicable Part 352 Deviation Text
Attachment 4 – RFO HHSAR Part 335 Deviation Text
Attachment 5 – RFO HHSAR Part 336 & Applicable Part 352 Deviation Text