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; E.O. 14398, Addressing DEI Discrimination by Federal Contractors
Summary
This deviation is Revision 1 of Class Deviation 2026-O0040, which supersedes the version issued on 2026-02-03. It directs contracting officers to use revised versions of Federal Acquisition Regulation (FAR) Part 22, Defense FAR Supplement (DFARS) Part 222 and DFARS Procedures, Guidance, and Information (PGI) 222 in place of the currently codified text. It also provides direction on using the new clause at FAR 52.222-90, Addressing DEI Discrimination by Federal Contractors, in new and existing contracts.
Contracting Officer Actions
1
Effective immediately, 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
Use the attached DFARS Part 222 in lieu of the text codified at 48 CFR chapter 2.
3
Use the attached DFARS PGI 222 in lieu of the PGI text on the Defense Pricing, Contracting, and Acquisition Policy web page.
4
For new solicitations and resulting contracts, insert clause FAR 52.222-90 in solicitations and resulting contracts valued over the micro-purchase threshold. Use where the place of delivery or performance is in the United States, including commercial products and commercial services contracts. Amend any open solicitations to incorporate the clause.
5
For existing contracts valued over the micro-purchase threshold with performance or delivery in the United States, including commercial products and commercial services contracts, insert FAR 52.222-90.
6
Bilaterally modify existing contracts to insert FAR 52.222-90 by 2026-07-24. If a contractor refuses a bilateral modification, consider whether the contract still meets the agency's needs and whether termination for convenience is appropriate.
7
For existing contracts with a final expiration no later than 2026-12-31, determine at your discretion whether to modify the contract to insert FAR 52.222-90.
Supersession
This revision supersedes Class Deviation 2026-O0040 issued on 2026-02-03. The primary addition is direction on clause FAR 52.222-90.
Duration
This deviation remains in effect until rescinded or incorporated into the FAR, DFARS and DFARS PGI.
Termination for Convenience
If a contractor refuses a bilateral modification to add FAR 52.222-90, the contracting officer should assess whether the contract still meets agency needs. Termination for convenience is an available option.
Inquiries
Direct questions about this deviation to osd.pentagon.ousd-a-s.mbx.dfars@mail.mil.
Affected Provisions and Clauses
52.222-90
CLAUSE
Substitute clause 52.222-90
MODIFIED