Authority
Executive Order 14275, Restoring Common Sense to Federal Procurement; Executive Order 14265, Modernizing Defense Acquisitions and Spurring Innovation in the Defense Industrial Base; OMB Memorandum M-25-26, Overhauling the Federal Acquisition Regulation; Section 335 of the National Defense Authorization Act for Fiscal Year 2026 (10 U.S.C. 2465(b), Pub. L. 119-60); Section 854 of the NDAA for FY 2025 (Pub. L. 118-159)
Summary
This revision supersedes Class Deviation 2026-O0023, issued 2025-12-18. It replaces FAR Part 37 and Defense Federal Acquisition Regulation Supplement (DFARS) Part 237 with updated versions implementing statutory changes and Executive Order requirements. It also removes FAR clause 52.222-26, Equal Opportunity, from educational service agreement general provisions.
Contracting Officer Actions
1
Effective immediately, use the revised FAR Part 37 from the Revolutionary FAR Overhaul (RFO) web page. It replaces the codified text at 48 CFR chapter 1.
2
Effective immediately, use the attached revised DFARS Part 237. It replaces the codified text at 48 CFR chapter 2.
3
Effective immediately, use the attached revised DFARS Procedures, Guidance, and Information (PGI) 237. It replaces the PGI text on the Defense Pricing, Contracting, and Acquisition Policy web page.
4
Do not use FAR clause 52.222-26, Equal Opportunity, in educational service agreements under PGI 237.7204.
5
Apply the updated prohibition at DFARS 237.802-70(a)(4) for firefighting or security-guard functions. The restriction no longer requires that performance be for firefighting functions or that armed forces unavailability be due to deployment.
6
Apply the new prohibition at DFARS 237.802-80. Do not enter into contracts for online tutoring services that could result in personal data of United States citizens being transferred to the People's Republic of China.
7
Insert provision 252.237-7997, Notice of Special Standards of Responsibility, in solicitations for audit services.
8
Insert clause 252.237-7001, Compliance with Audit Standards, in solicitations and contracts for audit services.
9
Insert provision 252.237-7025, Preaward Transparency Requirements for Firms Offering to Support Department of Defense Audits--Representation and Disclosure. Use in solicitations that include clause 252.237-7026, including commercial (Part 12) acquisitions.
10
Insert clause 252.237-7026, Postaward Transparency Requirements for Firms that Support Department of Defense Audits. Use in solicitations and contracts, including commercial (Part 12) acquisitions, that exceed the simplified acquisition threshold and are for financial statement auditing or audit remediation services.
11
Insert clause 252.237-7998, Training for Contractor Personnel Interacting with Detainees, in solicitations and contracts for services, including commercial (Part 12) acquisitions, when clause 252.225-7040 is included or when contractor personnel may interact with detainees.
12
Insert clause 252.237-7027, Transfer and Adoption of Military Animals, in solicitations and contracts, including commercial (Part 12) acquisitions, that require the services of a contract working dog.
13
Address inquiries to osd.pentagon.ousd-a-s.mbx.dfars@mail.mil.
Supersession
This revision supersedes the original Class Deviation 2026-O0023 issued 2025-12-18. Use this revision immediately.
Expiration
This deviation remains in effect until rescinded or incorporated into the FAR, DFARS and DFARS PGI. No calendar expiration date applies.
EO 14173 linkage
Removal of FAR 52.222-26 from educational service agreements follows FAR implementation of Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, which removed FAR subpart 22.8 and the clause entirely.
Section 335 NDAA FY2026 change
Section 335 amended 10 U.S.C. 2465(b). The prior rule required both that contract performance be for firefighting functions and that armed forces unavailability be due to deployment. Both requirements are removed.
Section 854 NDAA FY2025 change
Section 854 added a new prohibition at DFARS 237.802-80. It bars contracts for online tutoring services that could transfer personal data of United States citizens to People's Republic of China control.
Affected Provisions and Clauses
252.237-7000 Notice of special standards of responsibility.
CLAUSE
Modified by RFO class deviation
MODIFIED
252.237-7019 Training for Contractor Personnel Interacting with Detainees.
CLAUSE
Modified by RFO class deviation
MODIFIED
252.237-7020
CLAUSE
Modify clause 252.237-7020
MODIFIED
252.237-7021
CLAUSE
Modify clause 252.237-7021
MODIFIED
252.237-7997
CLAUSE
Add clause 252.237-7997
MODIFIED
252.237-7998
CLAUSE
Add clause 252.237-7998
MODIFIED