Authority
Section 2 of Executive Order (EO) 14275, Restoring Common Sense to Federal Procurement; Section 4(a) of EO 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
Summary
The deviation replaces Federal Acquisition Regulation (FAR) Part 22 and Defense FAR Supplement (DFARS) Part 222, Application of Labor Laws to Government Acquisitions, effective 2026-02-17. It implements EO 14275 and EO 14265, which require removing non-statutory FAR provisions and eliminating unnecessary supplemental regulations. The deviation remains in effect until rescinded or incorporated into the FAR, DFARS and DFARS Procedures, Guidance, and Information (PGI).
Contracting Officer Actions
1
Effective 2026-02-17, use the revised FAR Part 22 from the Revolutionary FAR Overhaul (RFO) web page. It replaces the codified text at 48 CFR chapter 1.
2
Effective 2026-02-17, use the attached DFARS Part 222 in lieu of the text codified at 48 CFR chapter 2.
3
Effective 2026-02-17, use the attached DFARS PGI 222 in lieu of the PGI text on the Defense Pricing, Contracting, and Acquisition Policy web page.
4
Direct labor relations matters and waiver requests through contracting channels to the labor advisor per DFARS 222.101-1 and related sections.
5
Insert clause 252.222-7000, Restrictions on Employment of Personnel, in all solicitations and contracts subject to DFARS Subpart 222.70. Insert the name of the appropriate noncontiguous State in paragraph (a).
6
Insert clause 252.222-7002, Compliance with Local Labor Laws (Overseas), in solicitations and contracts for services or construction performed outside the United States and its outlying areas.
7
Insert clause 252.222-7003, Permit from Italian Inspectorate of Labor, in solicitations and contracts for porter, janitorial or ordinary facility and equipment maintenance services performed in Italy.
8
Insert clause 252.222-7004, Compliance with Spanish Social Security Laws and Regulations, in solicitations and contracts for services or construction performed in Spain.
9
Insert clause 252.222-7005, Prohibition on Use of Nonimmigrant Aliens--Guam, in solicitations and contracts subject to DFARS Subpart 222.73.
10
Insert clause 252.222-7006, Restrictions on the Use of Mandatory Arbitration Agreements, in all solicitations and contracts valued over $1 million using Defense Appropriations Act funds. Do not use in commercial product or commercial service acquisitions.
Expiration
The deviation has no fixed expiration date. It remains in effect until rescinded or incorporated into the FAR, DFARS and DFARS PGI.
Mandatory Arbitration Waiver
Submit waiver requests for the mandatory arbitration policy to the Secretary of Defense through the Office of the Principal Director, Defense Pricing, Contracting, and Acquisition Policy. Include 'Waiver-Mandatory Arbitration' in the subject line.
Commercial Acquisitions Exception
The mandatory arbitration restrictions at DFARS 222.7402 do not apply to acquisitions of commercial products or commercial services, including commercially available off-the-shelf items.
Inquiries
Direct questions about this deviation to osd.pentagon.ousd-a-s.mbx.dfars@mail.mil.