# Class Deviation 2025-O0004
# Class Deviation 2025-O0004 – Revocation of Executive Order on Sustainability

Status: Active
Date Issued: Effective immediately (memorandum undated; deviation tracking number issued 2025)
Signed By: John M. Tenaglia, Principal Director, Defense Pricing, Contracting, and Acquisition Policy
Scope: All DoD contracting officers, including those under UScybercom, USSOCOM, USTRANSCOM, the Army, Navy, Air Force and all Defense Agencies and DoD Field Activities
Authority: Executive Order 14148, Initial Rescissions of Harmful Executive Orders and Actions, January 20, 2025 (90 FR 8237)

## Summary

This deviation implements the revocation of Executive Order 14057 by directing contracting officers to stop using provisions and clauses related to greenhouse gas emissions disclosure and environmental management systems. Revised versions of clauses covering waste reduction and sustainable products and services replace the prior FAR versions, and several paragraphs in commercial and simplified acquisition provisions are reserved. The deviation applies to new and open solicitations, existing contracts and modifications as appropriate.

## Required Contracting Officer Actions

1. Do not use FAR 52.223-19, Compliance with Environmental Management Systems, in new solicitations or contracts.
2. Do not use FAR 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals;Representation, in new solicitations or contracts.
3. Use 52.223-10 (DEVIATION 2025-O0004) in lieu of FAR 52.223-10 in new solicitations and contracts.
4. Use 52.223-23 (DEVIATION 2025-O0004) in lieu of FAR 52.223-23 in new solicitations and contracts.
5. Use the substitute paragraphs from Attachment 2 in lieu of the corresponding paragraphs in FAR 52.204-8, 52.212-3, 52.212-5 and 52.213-4.
6. Amend open solicitations and modify existing contracts to remove 52.223-19 and 52.223-22, incorporate the deviation versions of 52.223-10 and 52.223-23 and apply the Attachment 2 substitute paragraphs.
7. Consider whether to modify contract actions with six months or less remaining in the period of performance and no options to extend.
8. Do not consider or use SAM representations for FAR 52.223-22 or paragraph (t) of FAR 52.212-3, even if SAM continues to display them.
9. Do not require offerors to disclose a greenhouse gas inventory or any other greenhouse gas emissions report as a condition of contract award; see also Class Deviation 2024-O0009.

## Affected Provisions and Clauses

### 52.204-8, Annual Representations and Certifications (Provision)
- Prescribed in: 4.1202(a)
- Change type: MODIFIED
- Action: Paragraph (c)(1)(xix) is reserved, removing the greenhouse gas emissions representation from this provision.

### 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services (Provision)
- Prescribed in: 12.301(b)
- Change type: MODIFIED
- Action: Paragraph (t) is reserved, removing the greenhouse gas emissions representation from this provision.

#### Before (original text):
(t)
Public Disclosure of Greenhouse Gas Emissions and Reduction Goals
. Applies in all solicitations that require offerors to register in SAM (12.301(d)(1)).

#### After (deviation text):
(t) [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: Paragraph (b)(46) is substituted to reference the deviation version of 52.223-23 in lieu of the prior clause reference.

### 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: Paragraph (b)(1)(xvii) is substituted to reference the deviation version of 52.223-23 in lieu of the prior clause reference.

### 52.223-10, Waste Reduction Program (Clause)
- Prescribed in: 23.406(c)
- Change type: REPLACED
- Action: Replaced in its entirety with the deviation version (DEVIATION 2025-O0004) for use in lieu of FAR 52.223-10.

### 52.223-19, Compliance with Environmental Management Systems (Clause)
- Prescribed in: 23.406(b)
- Change type: REMOVED
- Action: Removed from use in new solicitations and contracts; also removed from open solicitations and existing contracts via amendment or modification.

### 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation (Provision)
- Prescribed in: 23.502
- Change type: REMOVED
- Action: Removed from use in new solicitations and contracts; also removed from open solicitations and existing contracts via amendment or modification.

### 52.223-23, Sustainable Products and Services (Clause)
- Prescribed in: 23.109(a)
- Change type: REPLACED
- Action: Replaced in its entirety with the deviation version (DEVIATION 2025-O0004) for use in lieu of FAR 52.223-23.

## Notes

SAM Representations: SAM may continue to require entities to complete representations based on provisions no longer included in agency solicitations. Entities are not required to, nor are they able to, remove these representations from their entity registration in SAM.

Greenhouse Gas Disclosure Prohibition: Contracting officers are generally prohibited from requiring offerors to disclose a greenhouse gas inventory or any other greenhouse gas emissions report as a condition of contract award. See Class Deviation 2024-O0009, Prohibition on Required Disclosure of Information Relating to Greenhouse Gas Emissions.

Duration: This deviation remains in effect until incorporated into the FAR or until otherwise rescinded. Direct questions to DPCAP/DARS at osd.dfars@mail.mil.

## 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/USA000392-25-DPCAP.pdf