Signature Date: 8/24/2026
Memorandum To:
Heads of the Contracting Activities (HCAs)
From:
Jennifer D. Johnson
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)
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. 2026-18, in Support of Executive Order (EO) 14275, “Restoring Common Sense to Federal Procurement;” Deviation to HHSAR Part 309.
1. EFFECTIVE DATE:
October 1, 2026
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This CD is effective until incorporated into the HHSAR, superseded, or otherwise rescinded.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 309 to align with the FAR Council’s RFO model deviation text for FAR part 9.
This HHSAR CD supersedes and rescinds the part 309 deviation guidance in HHSAR CD 2025-02, entitled “Updates to HHSAR Parts 309, 322, 323, 337, and 352,” issued on March 31, 2025.
4. APPLICABILITY:
The requirements in this CD apply 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- Remove duplicative or outdated language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 9 model deviation text on August 21, 2025, and updated the model deviation text on April 20, 2026.
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:
- Follow the RFO HHSAR part 309 deviation text, instead of HHSAR part 309 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.
- When issuing new solicitations, contracts, or orders:
- Do not include the following clause(s) and provision(s):
Note: The codified HHSAR part 309 contains no part 352 clauses or provisions. However, this HHSAR CD supersedes and rescinds any previously deviated provision or clause associated with HHSAR part 309. Therefore, the deviated provision and deviated clause below should no longer be used.- Provision 352.209-1, Contractor Compliance with Defending Women and Protecting Children Requirements - Certification (MAR 2025) (DEVIATION) (Deviated version from the March 31, 2025 HHSAR CD 2025-02 and now superseded and rescinded by this class deviation.)
- Clause 352.209-2, Contactor Compliance with Defending Women and Protecting Children Requirements (MAR 2025) (DEVIATION) (Deviated version from the March 31, 2025 HHSAR CD 2025-02 and now superseded and rescinded by this class deviation.)
- Include, if applicable, the following deviated clause(s) and provision(s) using the deviated text shown in the Attachment listed in Section 11:
- Not Applicable (N/A) – no deviated provisions or clauses added.
- Do not include the following clause(s) and provision(s):
- For open solicitations:
- Amend the solicitation to remove the clause(s) and provision(s) listed in B.1 above.
- For existing contracts and orders, at the next available opportunity:
- Modify the contract or order to remove the clause listed in B.1 above. Until removed, do not enforce the requirements in the deviated clause that is now rescinded.
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 309 – Contractor Qualifications
- Subpart 309.1 – Responsible Prospective Contractors
- Added subpart 309.1, and its underlying section 309.4, Standards, and subsection 309.104-70, HHS special standards. This new section provides specific responsibility standards regarding mission-critical acquisitions.
- Subpart 309.4 – Debarment, Suspension, and Ineligibility
- Revised sections 309.403, 309.404, 309.405, 309.406, and 309.407, including underlying subsections, with plain language edits.
- Revised section 309.405 to remove content that is more appropriate for internal agency procedures.
- Removed section 309.470 and its underlying subsection 309.470-1 as the content is more appropriate for internal agency procedures.
- Subpart 309.70 – HHS Compliance Requirement
- Added subpart 309.70 and its underlying section 309.7000, Policy, to require compliance with Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., and Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq. statutory requirements as directed by Executive Order 14168 of January 20, 2025, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, and Executive Order 14173 of January 21, 2025, Ending Illegal Discrimination and Restoring Merit-Based Opportunity.
- Subpart 309.1 – Responsible Prospective Contractors
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 309 Deviation Text