Class Deviation 2026-O0031 - DFARS RFO Implementation (Part 3)

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: E.O. 14275, Restoring Common Sense to Federal Procurement; E.O. 14265, Modernizing Defense Acquisitions and Spurring Innovation in the Defense Industrial Base; OMB Memorandum M-25-26, Overhauling the Federal Acquisition Regulation

Summary

The deviation implements the Revolutionary Federal Acquisition Regulation (FAR) Overhaul for FAR Part 3 and Defense FAR Supplement (DFARS) Part 203, covering improper business practices and personal conflicts of interest. Effective 2026-02-01, contracting officers must use the revised FAR Part 3 from the RFO web page and the attached DFARS Part 203 and DFARS Procedures, Guidance, and Information (PGI) 203 in lieu of codified text. The deviation remains in effect until rescinded or incorporated into the FAR, DFARS and DFARS PGI.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 3 from the RFO web page. It replaces the codified text at 48 CFR chapter 1.
Effective 2026-02-01, use the attached DFARS Part 203. It replaces the codified text at 48 CFR chapter 2.
Effective 2026-02-01, use the attached DFARS PGI 203. It replaces the PGI text on the Defense Pricing, Contracting, and Acquisition Policy web page.
Insert clause 252.203-7000, Requirements Relating to Compensation of Former DoD Officials. Use in all solicitations and contracts, including commercial (Part 12) acquisitions.
Insert provision 252.203-7005, Representation Relating to Compensation of Former DoD Officials. Use in all solicitations, including commercial (Part 12) solicitations and solicitations for task orders and delivery orders.
Insert clause 252.203-7001, Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies. Use in solicitations and contracts exceeding the simplified acquisition threshold, except those for commercial products or commercial services.
Insert clause 252.203-7002, Requirement to Inform Employees of Whistleblower Rights. Use in all solicitations and contracts, including commercial (Part 12) acquisitions.
Insert clause 252.203-7003, Agency Office of the Inspector General. Use in solicitations and contracts that include FAR clause 52.203-13, Contractor Code of Business Ethics and Conduct.
Insert clause 252.203-7004, Display of Hotline Posters, in lieu of FAR 52.203-14. Use in solicitations and contracts where contract value exceeds $7.5 million, except those for commercial products or commercial services.
Report violations and suspected violations of procurement integrity, gratuities, antitrust, kickbacks and related requirements per 209.406-3 or 209.407-3 and DoDD 7050.5.
Forward contractor reprisal complaints to legal counsel or the appropriate party per agency procedures upon receipt.

Affected Provisions and Clauses

252.203-7000, (Clause)

Prescribed in: 203.171-4(a)
Change type: MODIFIED
Action: Add clause 252.203-7000

252.203-7001, (Clause)

Prescribed in: 203.570-3
Change type: MODIFIED
Action: Add clause 252.203-7001

252.203-7002, (Clause)

Prescribed in: 203.970
Change type: MODIFIED
Action: Add clause 252.203-7002

252.203-7003, (Clause)

Prescribed in: 203.1004(a)
Change type: MODIFIED
Action: Add clause 252.203-7003

252.203-7004, (Clause)

Prescribed in: 203.1004(b)
Change type: MODIFIED
Action: Add clause 252.203-7004

252.203-7005, (Clause)

Prescribed in: 203.171-4(b)
Change type: MODIFIED
Action: Add clause 252.203-7005

52.203-13, (Clause)

Prescribed in: 3.1004(a)
Change type: MODIFIED
Action: Add clause 52.203-13

52.203-14, (Clause)

Prescribed in: 3.1004(b)
Change type: MODIFIED
Action: Add clause 52.203-14

52.203-18, (Clause)

Prescribed in: 3.909-3(a)
Change type: MODIFIED
Action: Add clause 52.203-18

52.203-19, (Clause)

Prescribed in: 3.909-3(b)
Change type: MODIFIED
Action: Add clause 52.203-19

Notes

Expiration: This deviation has no fixed expiration date. It remains in effect until rescinded or incorporated into the FAR, DFARS and DFARS PGI.

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

Intelligence community exemption: 10 U.S.C. 4701 does not apply to any element of the intelligence community as defined in 50 U.S.C. 3003(4). DFARS 203.901 through 203.906 do not apply to disclosures by employees of contractors supporting intelligence community elements where the disclosure relates to or was discovered during those services.

Whistleblower confidentiality prohibition: Section 883 of the National Defense Authorization Act for Fiscal Year 2021 prohibits awarding DoD contracts to contractors that require employees to sign internal confidentiality agreements restricting lawful reporting of waste, fraud or abuse on a DoD contract.

Prohibition period waiver: The prohibition under 252.203-7001 runs at least 5 years from the date of conviction. The agency head or designee may grant a waiver in the interest of national security. All waivers must be reported to the Under Secretary of Defense (Acquisition and Sustainment) for forwarding to Congress.