CD-2026-03
August 14, 2026
MEMORANDUM FOR GSA CONTRACTING ACTIVITIES
FROM AND DIGITALLY SIGNED BY: Jeffrey A. Koses, Senior Procurement Executive, Office of Acquisition Policy
SUBJECT: FAR Class Deviation, Removing AbilityOne and Federal Prison Industries, Inc. Trade Agreements Act Exception
On this page
- Purpose.
- Applicability.
- Instructions.
- Authority.
- Effective Date.
- Point of Contact.
- Attachments.
1. Purpose.
This class deviation:
- Removes the exception to Trade Agreements Act of 1979 (TAA) applicability forAbilityOne Participating Nonprofit Agencies (AbilityOne) and Federal Prison Industries, Inc. (FPI). This exception is currently found at Federal Acquisition Regulation (FAR) 25.401(a)(4) (GSA Class Deviation RFO-2025-25).
- Under this TAA exception, AbilityOne and FPI can offer products originating in thePeople’s Republic of China on GSA contracts. This adds cost and complexity for GSA in awarding and administering these contracts as it imposes a different standard specificonly to these mandatory sources.
- Removing this exception will (1) ensure removal of these items from GSA contracts andreduce the risk of Chinese-made products entering the Government’s supply chain; and (2) ensure consistent application of the TAA on GSA acquisitions.
2. Applicability.
This class deviation is applicable to all GSA acquisitions, including the Federal Supply Schedule Multiple Award Schedule and BPAs. This deviation does not apply to GSA assisted acquisitions funded by other agencies.
3. Instructions.
- The GSA acquisition workforce must follow the new deviated FAR text. As a result ofthis class deviation, offerings from these mandatory sources must comply with the TAA. Follow the same process for offerings from these mandatory sources as you would forother contractors.
- For new solicitations and resulting contracts, use the deviation text and review itemsoffered by these mandatory sources for compliance with the TAA.
- For open solicitations and awarded contracts, contracting officers have discretion in managing items on their particular acquisitions, and can amend open solicitations or modify existing contracts as appropriate.
4. Authority.
In its role as the preeminent buyer of goods and services for the federal government, GSA must ensure equal treatment of all its contractors and must advance trade priorities including domestic manufacturing and reducing reliance on products originating from China.
This class deviation is issued:
- Under the authority of FAR 1.304 (GSA Class Deviation RFO-2025-01) and
- GSA Acquisition Handbook, 401.2-2.
5. Effective Date.
This deviation is effective immediately and remains in effect until rescinded or if it is incorporated into the FAR.
6. Point of Contact.
For general questions regarding this class deviation, direct them to GSA Acquisition Policy Division at GSARPolicy@gsa.gov.
7. Attachments.
Attachment A
Deviation from RFO FAR text issued September 26, 2025, enacted by GSA Class Deviation RFO-2025-25
Part 25
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Subpart 25.4 - Trade Agreements
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25.401 Exceptions.
(a) This subpart does not apply to—
(1) Acquisitions set aside for small businesses;
(2) Acquisitions of arms, ammunition, or war materials, or purchases indispensable for national security or for national defense purposes;
(3) Acquisitions of end products for resale;
(4) Acquisitions under subpart 8.2, Acquisition From AbilityOne Participating Nonprofit Agencies, and acquisitions from Federal Prison Industries, Inc., under subpart 8.3;
(5) Other acquisitions not using full and open competition, if authorized by 6.102 or 6.103, when the limitation of competition would preclude use of the procedures of this subpart; or sole source acquisitions justified in accordance with 12.102; and
[(5)](6) Goods and services specifically excluded under individual trade agreements, such as exceptions negotiated by the U.S. Trade Representative for particular agencies. See the agency supplementary regulations.
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