Class Deviation 2026-O0026 - DFARS RFO Implementation (Part 33)

Summary

The deviation requires contracting officers to use revised Federal Acquisition Regulation (FAR) Part 33 and Defense FAR Supplement (DFARS) Part 233 in lieu of the codified text. It implements Executive Order 14275 and E.O. 14265, which direct removal of unnecessary procurement regulations. The deviation remains in effect until rescinded or incorporated into the FAR, DFARS and DFARS Procedures, Guidance, and Information (PGI).

Required Contracting Officer Actions

1. Effective 2026-02-01, use the revised FAR Part 33 from the Revolutionary FAR Overhaul (RFO) web page. It replaces the codified text at 48 CFR chapter 1.
2. Effective 2026-02-01, use the attached DFARS Part 233 from this deviation. It replaces the codified text at 48 CFR chapter 2.
3. Effective 2026-02-01, use the attached DFARS PGI 233 from this deviation. It replaces the PGI text on the Defense Pricing, Contracting, and Acquisition Policy web page.
4. For protested acquisitions valued at $1 billion or more, follow the procedures at PGI 233.170.
5. When protests on the same award are filed at both the Government Accountability Office (GAO) and the U.S. Court of Federal Claims (COFC), report protest information in the Protest Tracker no later than 10 days after the COFC outcome.
6. If the agency receives notice of a protest from the GAO, immediately suspend performance or terminate the award using the time periods at DFARS 233.105-370 in lieu of FAR 33.105-3(b)(1). This applies except as provided in FAR 33.105-3(b)(2) and (c).
7. Use Alternate I of FAR 52.233-1, Disputes, when the acquisition is for aircraft, spacecraft and launch vehicles, naval vessels, missile systems, tracked combat vehicles or related electronic systems. Also use Alternate I when continued performance is vital to national security or public health and welfare, or when the head of the contracting activity determines continued performance is necessary pending claim resolution.
8. Insert clause 252.233-7001, Choice of Law (Overseas). Use in solicitations and contracts when performance will be outside the United States and its outlying areas, unless a government-to-government agreement provides otherwise.

Affected Provisions and Clauses

252.233-7000, 252.233-7000 [Reserved] (Clause)

• Change type: MODIFIED
• Action: Modified by RFO class deviation

252.233-7001, (Clause)

• Prescribed in: 233.215-70
• Change type: MODIFIED
• Action: Add clause 252.233-7001

52.233-1, (Clause)

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

Notes

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

Limited information disclosure: When the Government limits information disclosure under 240.271-6(d), that action cannot be challenged in a bid protest before the GAO or in any Federal court.

High-value protest briefing: For protests against a competitively awarded Major Defense Acquisition Program or a services acquisition valued at $1 billion or more, the agency must brief the Principal Director, Defense Pricing, Contracting, and Acquisition Policy within 10 days of filing. The briefing must cover the basis of the protest, the agency's position and any other relevant information.

Protest Tracker: The Protest Tracker on the Procurement Integrated Enterprise Environment (PIEE) is the bid protest data repository required by Section 822(c) of the National Defense Authorization Act for Fiscal Year 2019. Instructions for reporting are on the PIEE webpage.

Contractor claim review: When reviewing a contractor's claim, obtain the contractor's previous claims history. Consult legal counsel, other contracting activities and the Defense Contract Audit Agency as sources.

Suggested Questions