HHSAR Class Deviation 2026-13

Signature Date: June 30, 2026

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This CD is effective until incorporated into the HHSAR, superseded, or otherwise rescinded.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 part 315 and applicable portions of 352 to align with the FAR Council’s RFO model deviation text for FAR parts 15 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• Remove duplicative or outdated language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 FAR part 15 model deviation text and affected part 52 solicitation provisions and contract clauses on September 30, 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:

1. Follow the RFO HHSAR part 315 deviation text, including the corresponding part 352 deviation text, instead of HHSAR parts 315 and corresponding 352 as codified at 48 CFR Chapter 3. The RFO HHSAR deviation text is shown in the Attachment listed in Section 11.
   • Clean (without markup) versions of RFO HHSAR deviation texts are available at https://www.hhs.gov/grants-contracts/contracts/contract-policies-regulations/hhsar-overhaul/index.html.
2. When issuing new solicitations, contracts, or orders:
   1. Do not include the following provision:
      • 352.215-70 Late Proposals and Revisions (DEC 2015) Deviation
   2. Include, if applicable, the following deviated provision using the deviated text shown in the Attachment listed in Section 11:
      • 352.215-70 Late Proposals and Revisions – R&D Acquisitions (JUN 2026) (RFO DEVIATION)
3. For open solicitations:
   1. Amend the solicitation to remove the provision listed in B.1 above.
   2. Amend the solicitation to include, if applicable, the provision listed in B.2 above.

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 Attachment listed in Section 11.

• HHSAR Part 315 – Contracting by Negotiation
  • Subpart 315.1 – Presolicitation and Solicitation
    • Added this new subpart to contain guidance previously located in section 315.208 under subpart 315.2.
    • Added new section 315.107 header to provide the parent level for new subsection 315.107-70, which contains guidance related to late proposals under competitive solicitations for biomedical or behavioral research and development acquisitions.
    • Added new section 315.110 header to provide the parent level for new subsection 315.110-70, which contains the prescription for the use of provision 352.215-70, Late Proposals and Revisions – R&D Acquisitions.
  • Subpart 315.2 – Solicitation and Receipt of Proposal and Information
    • Reserved subpart 315.2 and removed subsection 315.204-5 because the existing text is unnecessary or is more appropriate for internal agency guidance.
    • Removed section 315.208 and relocated the guidance to subpart 315.1. 
  • Subpart 315.3 – Source Selection
    • Reserved subpart 315.3 and removed the underlying sections and subsection because the existing codified text is unnecessary or is more appropriate for internal agency guidance.
  • Subpart 315.4 – Contract Pricing
    • Reserved subpart 315.4 and removed the underlying section and subsection because the existing codified text is unnecessary or is more appropriate for internal agency guidance.
  • Subpart 315.6 – Unsolicited Proposals
    • Renumbered subpart 315.6 as subpart 315.5 to align with the RFO FAR structure, reserved the subpart number, and removed the underlying sections and subsection because the existing codified text is unnecessary or is more appropriate for internal agency guidance
• HHSAR Part 352 – Solicitation Provisions and Contract Clauses
  • 352.215-70, Late Proposals and Revisions
    • Revised the provision title to “Late Proposals and Revisions – R&D Solicitations” and updated the prescription citation to reflect the updated reference number.
    • Revised the provision for plain language and reorganized the text into lettered paragraphs to improve clarity and readability.

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 315 & Applicable Part 352 Deviation Text