HHSAR Class Deviation 2026-23

Signature Date: 9/15/2026

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This CD is effective until incorporated into the HHSAR, superseded, or otherwise rescinded.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 319 and applicable portions of 352 to align with the FAR Council’s RFO model deviation text for FAR parts 19 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• Remove duplicative or outdated language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 19 model deviation text and affected part 52 solicitation provisions and contract clauses on September 26, 2025, and updated the model deviation text on February 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:

1. Follow the RFO HHSAR part 319 deviation text, including the corresponding part 352 deviation text, instead of HHSAR parts 319 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 clause and provision:
      • Provision 352.219-70 Mentor-Protégé Program (DEC 2015)
      • Clause 352.219-71 Mentor-Protégé Program Reporting Requirements (JAN 2010)
   2. Include, if applicable, the following deviated clause using the deviated text shown in the Attachment listed in Section 11:
      • Clause 352.219-72 HHS Section 8(a) Award (OCT 2026) (RFO DEVIATION)
3. For open solicitations:
   1. Amend the solicitation to remove the clause and provision listed in B.1 above.
   2. Amend the solicitation to include, if applicable, the clause listed in B.2 above.
4. For existing contracts and orders:
   1. No action needed. Contracting officers can continue to enforce the clause and provision listed in B.1 if the clause and provision were included in contracts or orders awarded prior to October 1, 2026.

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 319 – Small Business Programs
  • Renamed the part to “Small Business” to align with the RFO FAR title
  • Subpart 319.1 – Presolicitation
    • Added this subpart and its underlying sections and subsections.
    • Added section 319.102 to state the responsibilities of the Director, Office of Small and Disadvantaged Business Utilization (OSDBU) and provide a link to the HHS OSDBU webpage.
    • Added section 319.108 and underlying subsections 319.108-1 and 319.108-70 to provide coverage for the HHS and SBA Partnership Agreement and the prescription for the use of a new clause.
  • Subpart 319.2 – Policies
    • Reserved this subpart and removed the underlying section and subsection.
    • Removed section 319.201 as the existing codified text is deemed more appropriate for internal agency guidance or has been relocated to new HHSAR section 319.102.
    • Removed subsection 319.270-1 as the HHS Mentor Protégé (MP) Program is no longer active and therefore the provision and clause are obsolete.
• HHSAR Part 352 – Solicitation Provisions and Contract Clauses
  • 352.219-70 Mentor-Protégé Program
    • Removed and reserved as the HHS MP Program is no longer active.
  • 352.219-71 Mentor-Protégé Program
    • Removed and reserved as the HHS MP Program is no longer active.
  • 352.219-72 HHS Section 8(a) Award
    • Added a new clause to provide coverage on HHS unique agency requirements under the HHS and SBA Partnership Agreement.

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 319 & Applicable Part 352 Deviation Text