Class Deviation 2026-O0039 - DFARS RFO Implementation (Part 41)

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: Section 2 of Executive Order (E.O.) 14275, Restoring Common Sense to Federal Procurement; Section 4(a) of E.O. 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 (May 2, 2025)

Summary

The deviation implements the Revolutionary Federal Acquisition Regulation (FAR) Overhaul for utility services acquisitions. Effective 2026-02-01, contracting officers must use revised FAR Part 41 and deviation versions of Defense FAR Supplement (DFARS) Part 241 and DFARS Procedures, Guidance, and Information (PGI) 241. The deviation remains in effect until rescinded or incorporated into the FAR, DFARS and DFARS PGI.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 41 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 241, Acquisition of Utility Services. It replaces the codified text at 48 CFR chapter 2.
Effective 2026-02-01, use the attached DFARS PGI 241, Acquisition of Utility Services. It replaces the PGI text on the Defense Pricing, Contracting, and Acquisition Policy web page.
Insert clause 252.241-7000, Superseding Contract, when the Government must execute a superseding contract and capital credits, connection charge credits or termination liability exist.
Insert clause 252.241-7001, Government Access, when FAR clause 52.241-5, Contractor's Facilities, is used.
For regulated utility services, insert a clause substantially the same as FAR 52.241-7, Change in Rates or Terms and Conditions of Service for Regulated Services.
For unregulated utility services or services subject to a nonindependent regulatory body, insert a clause substantially the same as FAR 52.241-8, Change in Rates or Terms and Conditions of Service for Unregulated Services.
Direct inquiries to osd.pentagon.ousd-a-s.mbx.dfars@mail.mil.

Affected Provisions and Clauses

252.241-7000, (Clause)

Prescribed in: 241.501-70(a)
Change type: MODIFIED
Action: Add clause 252.241-7000

252.241-7001, (Clause)

Prescribed in: 241.501-70(b)
Change type: MODIFIED
Action: Add clause 252.241-7001

52.241-5, (Clause)

Prescribed in: 41.501(c)
Change type: MODIFIED
Action: Add clause 52.241-5

52.241-7, (Clause)

Prescribed in: 41.501(d)
Change type: MODIFIED
Action: Add clause 52.241-7

52.241-8, (Clause)

Prescribed in: 41.501(d)
Change type: MODIFIED
Action: Add clause 52.241-8

Notes

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 It remains in effect until rescinded or incorporated into the FAR, DFARS and DFARS PGI.

Regulatory authority basis: Rates set by an independent regulatory body are considered prices set by law or regulation. They are sufficient to establish fair and reasonable prices without certified cost or pricing data under FAR subpart 15.4.

Multiyear electricity contracts: See DFARS 217.103-174 for authority to enter into multiyear contracts for electricity from renewable energy sources.

Contract period limits: See PGI 241.103 for a summary of statutory authorities and maximum contract periods for utility and energy contracts.