# Class Deviation 2025-O0003
# Class Deviation 2025-O0003 – Restoring Merit-Based Opportunity in Federal Contracts

Status: Active
Date Issued: 2025-03-04
Signed By: John M. Tenaglia, Principal Director, Defense Pricing, Contracting, and Acquisition Policy
Scope: All DoD contracting officers under USCC, USSOCOM, USTRANSCOM, Army, Navy, Air Force, Defense Agencies and DoD Field Activities
Authority: Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity; Executive Order 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government

## Summary

This class deviation implements E.O. 14173 and E.O. 14168 by directing DoD contracting officers to stop implementing or enforcing E.O. 11246 and the FAR and DFARS requirements derived from it. Eight FAR solicitation provisions and contract clauses related to equal employment opportunity and affirmative action are removed from use in new solicitations and contracts, and several paragraphs in other clauses are reserved. Contracting officers must also amend open solicitations and modify existing contracts to remove these requirements, with an exception for actions with less than six months remaining on the period of performance and no options to extend.

## Required Contracting Officer Actions

1. Do not take any action to implement or enforce E.O. 11246 as implemented in FAR subpart 22.8.
2. Do not use the solicitation provisions and contract clauses prescribed at FAR 22.810 or 22.407(a)(4).
3. Do not review representations in the System for Award Management that are based upon those solicitation provisions.
4. Do not follow the procedures in DFARS subpart 222.8 or DFARS Procedures, Guidance, and Information subpart 222.8.
5. Do not use FAR 52.222-21, 52.222-22, 52.222-23, 52.222-24, 52.222-25, 52.222-26, 52.222-27 or 52.222-29 in new solicitations and contracts.
6. For new solicitations and contracts, use the deviation paragraphs in Attachment 1 in lieu of the corresponding paragraphs in FAR part 52.
7. Amend open solicitations to remove the eight clauses and provisions listed and incorporate the deviation paragraphs from Attachment 1 in lieu of the corresponding FAR part 52 paragraphs.
8. Modify existing contracts to remove the eight contract clauses listed and incorporate the deviation paragraphs from Attachment 1 in lieu of the corresponding FAR part 52 paragraphs. Contracts with less than six months remaining on the period of performance and no options to extend are exempt from this requirement.

## Affected Provisions and Clauses

### 52.204-8, Annual Representations and Certifications (Provision)
- Prescribed in: 4.1202(a)
- Change type: MODIFIED
- Action: Paragraphs (c)(1)(xiv) and (c)(1)(xv) are reserved.

### 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services (Provision)
- Prescribed in: 12.301(b)
- Change type: MODIFIED
- Action: Paragraph (d) is reserved.

#### Before (original text):
(d) Representations required to implement provisions of Executive Order 11246—

#### After (deviation text):
[Reserved]

### 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Clause)
- Prescribed in: 12.301(b)
- Change type: MODIFIED
- Action: Paragraphs (b)(33), (b)(34), (e)(1)(ix) and (e)(1)(x) are reserved. In Alternate II, paragraphs (e)(1)(ii)(I) and (e)(1)(ii)(J) are reserved.

### 52.213-4, Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services) (Clause)
- Prescribed in: 13.302-5(d)
- Change type: MODIFIED
- Action: Paragraphs (a)(1)(vii) and (a)(1)(viii) are reserved.

### 52.222-21, Prohibition of Segregated Facilities (Clause)
- Prescribed in: 22.810(a)
- Change type: REMOVED
- Action: Removed from use in new solicitations and contracts; removed from open solicitations and existing contracts.

### 52.222-22, Previous Contracts and Compliance Reports (Provision)
- Prescribed in: 22.810(a)
- Change type: REMOVED
- Action: Removed from use in new solicitations and contracts; removed from open solicitations and existing contracts.

### 52.222-23, Notice of Requirement for Affirmative Action To Ensure Equal Employment Opportunity for Construction (Provision)
- Prescribed in: 22.810(b)
- Change type: REMOVED
- Action: Removed from use in new solicitations and contracts; removed from open solicitations and existing contracts.

### 52.222-24, Preaward On-Site Equal Opportunity Compliance Evaluation (Provision)
- Prescribed in: 22.810(c)
- Change type: REMOVED
- Action: Removed from use in new solicitations and contracts; removed from open solicitations and existing contracts.

### 52.222-25, Affirmative Action Compliance (Provision)
- Prescribed in: 22.810(d)
- Change type: REMOVED
- Action: Removed from use in new solicitations and contracts; removed from open solicitations and existing contracts.

### 52.222-26, Equal Opportunity (Clause)
- Prescribed in: 22.810(e)
- Change type: REMOVED
- Action: Removed from use in new solicitations and contracts; removed from open solicitations and existing contracts.

### 52.222-27, Affirmative Action Compliance Requirements for Construction (Clause)
- Prescribed in: 22.810(f)
- Change type: REMOVED
- Action: Removed from use in new solicitations and contracts; removed from open solicitations and existing contracts.

### 52.222-29, Notification of Visa Denial (Clause)
- Prescribed in: 22.810(g)
- Change type: REMOVED
- Action: Removed from use in new solicitations and contracts; removed from open solicitations and existing contracts.

### 52.222-9, Apprentices and Trainees (Clause)
- Prescribed in: 22.407(a)
- Change type: MODIFIED
- Action: Paragraph (c) is reserved.

#### Before (original text):
(c) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under this clause shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, and 29 CFR part 30.

(End of clause)

#### After (deviation text):
[Reserved]

### 52.244-6, Subcontracts for Commercial Products and Commercial Services (Clause)
- Prescribed in: 44.403
- Change type: MODIFIED
- Action: Paragraphs (c)(1)(xi) and (c)(1)(xii) are reserved.

## Notes

Effective Date: This deviation is effective immediately and remains in effect until implemented in the FAR and DFARS.

Questions: Direct questions to DPCAP/DARS at osd.dfars@mail.mil.

Modification Exception: Contracting officers are not required to modify contract actions nearing the end of the period of performance, meaning less than six months remaining and without options to extend.

Gender Terminology: E.O. 14168 directs the Government not to use the term 'gender' in Federal policies and documents. This deviation reflects that direction.

## Suggested Questions

You can ask your AI assistant:
- What actions do I need to take for this deviation?
- Does this deviation affect commercial acquisitions under Part 12?
- Which clauses need to be removed from my existing contracts?
- How does this deviation change 52.204-8 specifically?
- Are there any SAM registration implications?

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Source: https://part52.dev
Generated: 2026-03-20
Memorandum: https://www.acq.osd.mil/dpap/policy/policyvault/USA000368-25-DPCAP.pdf