HHSAR CLASS DEVIATION 2026-26

Signature Date: 9/28/2026

1.  EFFECTIVE DATE:

December 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This CD is effective until incorporated into the HHSAR, superseded, or otherwise rescinded.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 304 and applicable portions of 352 to align with the FAR Council’s RFO model deviation text for FAR parts 4 and 52.

This HHSAR CD supersedes and rescinds the deviation guidance in the following HHSAR CDs:

• Deviation guidance related to HHSAR part 304 in HHSAR CD 2024-01 Amendment 1, entitled “Part 339, Acquisition of Information Technology; Other Parts; Supply Chain Risk Management,” signed and effective on March 1, 2024; and
• HHSAR CD 2025-01, entitled “Supply Chain Risk Assessments,” signed on September 30, 2024, and effective on October 1, 2024.

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• Remove duplicative or outdated language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 4 model deviation text and affected part 52 solicitation provisions and contract clauses on August 14, 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 304 deviation text, including the corresponding part 352 deviation text, instead of HHSAR parts 304 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 and provisions:

      Note: The codified HHSAR part 304 contains only one associated part 352 clause. In addition, this HHSAR CD supersedes and rescinds any previously deviated clauses or provisions associated with HHSAR part 304. Therefore, the codified clause and the deviated clauses and provisions below should no longer be used.

      • Clause 352.204-70 Prevention and Public Health Fund – Reporting Requirements (DEC 2015)
      • Clause 352.204-71 Information and Information Systems Security (FEB 2024) (DEVIATION) (Deviated version from the March 1, 2024 HHSAR CD 2024-01 Amendment 1 and now superseded and rescinded by this class deviation.)
      • Clause 352.204-72 Records Management (FEB 2024) (DEVIATION) (Deviated version from the March 1, 2024 HHSAR CD 2024-01 Amendment 1 and now superseded and rescinded by this class deviation.)
      • Clause 352.204-73 Contractor Personnel Security and Agency Access (FEB 2024) (DEVIATION) (Deviated version from the March 1, 2024 HHSAR CD 2024-01 Amendment 1 and now superseded and rescinded by this class deviation.)
      • Provision 352.204-74 Supply Chain Risk Assessment (OCT 2024) (DEVIATION) (Deviated version from the October 1, 2024 HHSAR CD 2025-01 and now superseded and rescinded by this class deviation.)
      • Clause 352.204-75 Supply Chain Risk Assessment During Contract Performance (OCT 2024) (DEVIATION) (Deviated version from the October 1, 2024 HHSAR CD 2025-01 and now superseded and rescinded by this class deviation.)
   2. Include, if applicable, the following deviated clause and provision using the deviated text shown in the Attachment listed in Section 11:
      • Not Applicable (N/A) – no deviated provision or clauses added.
3. For open solicitations:
   1. For codified clause 352.204-70 only: At the next available opportunity, amend the solicitation to remove the clause.
   2. For the deviated clauses and provision listed in B.1: No action needed. Contracting officers may continue to enforce the deviated clauses and provision listed in B.1 if they were included in solicitations issued before December 1, 2026, and in contracts and orders resulting from those solicitations.
4. For existing contracts and orders:
   1. For codified clause 352.204-70 only: At the next available opportunity, modify the contract or order to remove the clause 352.204-70.
   2. For the deviated clauses listed in B.1 only: No action needed. Contracting officers can continue to enforce the deviated clauses listed in B.1 if they were included in contracts or orders awarded prior to December 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 304 – Administrative Matters
  • Updated the part title to “Administrative and Information Matters” to align with the RFO FAR part title and reserved the part in its entirety and the existing content was determined unnecessary, more appropriate for internal agency guidance, or no longer statutorily required.
  • Subpart 304.6 – Contract Reporting. Removed existing subpart 304.6 and its underlying sections and content. While the related topic area was moved to RFO FAR 4.301, the existing content in this subpart is unnecessary or more appropriate for internal agency guidance.
  • Subpart 304.13 – Personal Identity Verification. Removed existing subpart 304.13 and its underlying section and content. While the related topic area was moved to RFO FAR 304.205 and 304.302, the existing content in this subpart is unnecessary or more appropriate for internal agency guidance.
  • Subpart 304.16 – Unique Procurement Instrument Identifiers. Removed existing subpart 304.16 and its underlying section and content. While the related topic area was moved to RFO FAR 4.201, the existing content in this subpart is unnecessary or more appropriate for internal agency guidance.
  • Subpart 304.70 [Reserved]. This was a previously reserved subpart number with no underlying text.
  • Subpart 304.71 – Review and Approval of Proposed Contract Actions. Removed existing subpart 304.71 and its underlying section and content as the content is unnecessary or more appropriate for internal agency guidance.
  • Subpart 304.72 – Affordable Care Act Prevention and Public Health Fund—Reporting Requirements. Removed existing subpart 304.72 and its underlying sections and content, including the prescription for one unique HHSAR clause. The statutorily based reporting requirement for PPHF funding was no longer applicable after FY 2017.
• HHSAR Part 352 – Solicitation Provisions and Contract Clauses
  • Clause 352.204-70 Prevention and Public Health Fund—Reporting Requirements
    • Removed the clause and reserved the clause number as the statutorily based reporting requirement for PPHF funding was no longer applicable after FY 2017.

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 304 & Applicable Part 352 Deviation Text