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 replaces Federal Acquisition Regulation (FAR) Part 14 and Defense FAR Supplement (DFARS) Part 214 governing sealed bidding. It implements policy from E.O. 14275 and E.O. 14265 to eliminate unnecessary procurement regulations. A new DFARS Procedures, Guidance and Information (PGI) 214 is also introduced.
Contracting Officer Actions
1
Effective 2026-02-01, use the revised FAR Part 14, Sealed Bidding, 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 214, Sealed Bidding. It replaces the codified text at 48 CFR chapter 2.
3
Effective 2026-02-01, use the attached new PGI 214, Sealed Bidding, as supplemental procedural guidance.
4
Include a supply chain risk evaluation factor when acquiring information technology (IT) that is a covered system, part of a covered system or in support of a covered system, as defined in DFARS Part 239.
5
When using brand name purchase descriptions, follow FAR 6.103-1.
6
Insert provisions 252.215-7007, Notice of Intent to Resolicit, and 252.215-7008, Only One Offer, as prescribed at DFARS 215.371-6 and 215.408(3).
7
For Invitations for Bids (IFBs) exceeding the simplified acquisition threshold (SAT) that allowed fewer than 30 days for bid receipt or received only one bid, cancel and resolicit. The new IFB must allow at least 30 days for receipt of bids.
8
Include a supply chain risk evaluation factor per DFARS 214.202-4(c) in addition to the requirements at FAR 14.211-3(a)(1)(iv).
9
Make written determinations required by FAR 14.305 for cancellation of invitations after opening.
10
If only one offer is received, follow procedures at DFARS 215.371 instead of FAR 14.305(e).
11
For acquisitions exceeding the SAT where only one offer is received at award, follow procedures at DFARS 215.371.
12
For determination authority under FAR 14.304-3 in defense agencies, refer to PGI 214.304-3 for delegation authority.
Duration
This deviation remains in effect until rescinded or incorporated into the FAR, DFARS and DFARS PGI.
PGI 214.304-3 Delegation
Authority to approve determinations under FAR 14.304-3 is delegated without power of redelegation to specific officials in each defense agency. See PGI 214.304-3 for the full list.
Inquiries
Direct questions about this deviation to osd.pentagon.ousd-a-s.mbx.dfars@mail.mil.