Class Deviation 2026-O0005 - DFARS RFO Implementation (Part 28)

Status: Active

Signed By: John M. Tenaglia, Principal Director, Defense Pricing, Contracting, and Acquisition Policy

Scope: All DoD contracting officers

Applies to DAF/Air Force: Yes

Authority: Executive Order (EO) 14275, Restoring Common Sense to Federal Procurement; EO 14265, Modernizing Defense Acquisitions and Spurring Innovation in the Defense Industrial Base; Office of Management and Budget Memorandum M-25-26, Overhauling the Federal Acquisition Regulation

Summary

The deviation replaces FAR Part 28, Defense Federal Acquisition Regulation Supplement (DFARS) Part 228 and DFARS Procedures, Guidance and Information (PGI) 228 with revised versions. It implements EO 14275 and EO 14265, which require elimination of unnecessary procurement regulations. The deviation remains in effect until rescinded or incorporated into the FAR, DFARS and DFARS PGI.

Required Contracting Officer Actions

Effective 2026-02-01, use the revised FAR Part 28 from the Revolutionary FAR Overhaul (RFO) web page. It replaces the codified text at 48 CFR chapter 1.
Effective 2026-02-01, use the attached DFARS Part 228. It replaces the codified text at 48 CFR chapter 2.
Effective 2026-02-01, use the attached DFARS PGI 228. It replaces the PGI text published on the Defense Pricing, Contracting, and Acquisition Policy web page.
Insert clause 252.228-7000, Reimbursement for War-Hazard Losses. Use when FAR 52.228-4 is used and the head of the contracting activity decides not to allow the contractor to buy insurance for war-hazard losses.
Insert clause 252.228-7001, Ground and Flight Risk. Use in solicitations and contracts for acquisition, development, production, modification, maintenance, repair, flight or overhaul of aircraft owned by or to be delivered to the Government, subject to exceptions at DFARS 228.371(b).
Insert clause 252.228-7005, Mishap Reporting and Investigation Involving Aircraft, Missiles, and Space Launch Vehicles. Use in solicitations and contracts involving manufacture, modification, overhaul or repair of aircraft, missiles and space launch vehicles.
Insert clause 252.228-7006, Compliance with Spanish Laws and Insurance. Use in solicitations and contracts for services or construction performed in Spain, unless the contractor is a Spanish concern.
Insert clause 252.228-7007, Public Aircraft and State Aircraft Operations--Liability. Use in solicitations and contracts that do not include clause 252.228-7001 but involve public aircraft operations or state aircraft operations.
Contact Defense Contract Management Agency (DCMA) Aircraft Operations and the appropriate military service at solicitation issuance to obtain a Government flight representative (GFR) assignment for contracts using 252.228-7001.
Before awarding any contract that includes clause 252.228-7001, obtain a preaward survey of the offeror's proposed aircraft flight and ground operations facility.

Affected Provisions and Clauses

252.228-7000, (Clause)

Prescribed in: 228.371(a)
Change type: MODIFIED
Action: Substitute clause 252.228-7000

252.228-7001, (Clause)

Prescribed in: 228.371(b)
Change type: MODIFIED
Action: Add clause 252.228-7001

252.228-7002, (Clause)

Change type: MODIFIED
Action: Modify clause 252.228-7002

252.228-7003, (Clause)

Prescribed in: 228.371(c)
Change type: MODIFIED
Action: Add clause 252.228-7003

252.228-7004, (Clause)

Change type: MODIFIED
Action: Modify clause 252.228-7004

252.228-7005, (Clause)

Prescribed in: 228.371(d)
Change type: MODIFIED
Action: Add clause 252.228-7005

252.228-7006, (Clause)

Prescribed in: 228.371(e)
Change type: MODIFIED
Action: Add clause 252.228-7006

252.228-7007, (Clause)

Prescribed in: 228.371(f)
Change type: MODIFIED
Action: Add clause 252.228-7007

52.228-4, (Clause)

Prescribed in: 28.309(b)
Change type: MODIFIED
Action: Substitute clause 52.228-4

52.228-7, (Clause)

Prescribed in: 28.311-1
Change type: MODIFIED
Action: Add clause 52.228-7

52.233-1, (Clause)

Prescribed in: 33.215
Change type: MODIFIED
Action: Modify clause 52.233-1

52.245-1, (Clause)

Prescribed in: 45.107(a)
Change type: MODIFIED
Action: Modify clause 52.245-1

Notes

No expiration date: This deviation remains in effect until rescinded or incorporated into the FAR, DFARS and DFARS PGI. No calendar expiration date applies.

Inquiries: Direct inquiries about this deviation to osd.pentagon.ousd-a-s.mbx.dfars@mail.mil.

FAA repair station exception: The exception at DFARS 228.371(b)(1)(iv) for commercial derivative aircraft applies only when the contractor holds a Federal Aviation Administration (FAA) repair station certification for the specific aircraft model. This exception does not apply to contracts requiring flights with contractor crewmembers.

Foreign military sales exception: The foreign military sales (FMS) exception at DFARS 228.371(b)(1)(iii) applies only when the FMS customer has explicitly refused assumption of risk of loss. Acceptance of standard Letter of Offer and Acceptance terms constitutes assumption of risk.

Insurance cost unallowability: Paragraph (e)(4)(ii) of clause 252.228-7001 makes insurance premium costs unallowable. The clause is designed to eliminate commercial insurance premium costs from contract pricing.

Workmanship error vs. mishap: PGI 228.370-2(f) provides examples distinguishing accident or mishap damage from workmanship error damage. Evaluate each incident on its own merits before making a liability determination.