HHSAR CLASS DEVIATION 2026-24

Signature Date: 9/24/2026

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This CD is effective until incorporated into the HHSAR, superseded, or otherwise rescinded.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 333 and applicable portions of 352 to align with the FAR Council’s RFO model deviation text for FAR parts 33 and 52.

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• Remove duplicative or outdated language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 33 model deviation text and affected part 52 solicitation provisions and contract clauses on August 21, 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 333 deviation text, including the corresponding part 352 deviation text, instead of HHSAR parts 333 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 clauses:
      • Clause 352.233-70, Choice of Law (Overseas) (DEC 2015)
      • Clause 352.233-71, Litigation and Claims (DEC 2015)
   2. Include, if applicable, the following deviated clauses using the deviated text shown in the Attachment listed in Section 11:
      • Clause 352.233-70, Choice of Law (Overseas) (OCT 2026) (RFO DEVIATION)
      • Clause 352.233-71, Litigation and Claims (OCT 2026) (RFO DEVIATION)
3. For open solicitations:
   1. Amend the solicitation to remove the clauses listed in B.1 above.
   2. Amend the solicitation to include, if applicable, the clauses listed in B.2 above.
4. For existing contracts and orders, at the next available opportunity:
   1. Modify the contract or order to remove the clause listed in B.1 above.
   2. Modify the contract or order to include, if applicable, the deviated clause 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 333 – Protests, Disputes, and Appeals
  • Subpart 333.1 – Protests
    • Section 333.102, General. Renumbered the existing section as 333.103 to reflect RFO FAR part 33 restructuring revisions, removed content considered as agency procedures, and revised the remaining content for plain language clarity.
    • Section 333.103, Protests to the agency. Renumbered the existing section as 333.104 to reflect RFO FAR part 33 restructuring revisions, removed content considered as agency procedures, and relocated the remaining content to new subsection 333.104-4.
    • Section 333.104-4, Other procedures. Added this new subsection and its underlying paragraphs to provide agency policies regarding requests for independent review as an appeal of the contracting officer’s protest decision and to contain the relocated content from existing section 333.103.
  • Subpart 333.2 – Disputes and Appeals
    • Section 333.203, Applicability. Removed this existing section and relocated the content to 333.205-6(a)(4)(ii).
    • Section 333.205, Postaward. Added this new section as a title with no content.
    • Subsection 333.205-6, Contracting officer’s decision. Added this new subsection to contain the relocated content from existing section 333.203.
    • Subsection 333.205-8, Alternative dispute resolution (ADR). Added this new subsection to provide the Civilian Board of Contract Appeals (CBCA) website location of ADR guidance.
    • Section 333.209, Suspected fraudulent claims. Removed this existing section as the content is considered internal agency procedures.
    • Subsection 333.215-70, Contract clauses. Renumbered and retitled this existing subsection as “333.205-70 Special contract clauses.” to reflect new RFO FAR part 33 restructuring revisions and revised the content for plain language clarity.
• HHSAR Part 352 – Solicitation Provisions and Contract Clauses
  • Clause 352.233-70, Choice of Law (Overseas). Revised to reflect prescription relocation and for plain language clarity.
  • Clause 352.233-71, Litigation and Claims. Revised to reflect prescription relocation and for plain language clarity.

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:

Attachment 1 – RFO HHSAR Part 333 & Applicable Part 352 Deviation Text