Class Deviation RFO-2025-11: FAR Class Deviation for FAR Part 11 in Support of Executive Order 14275, Restoring Common Sense to Federal Procurement

Class Deviation RFO-2025-11
June 13, 2025
MEMORANDUM FOR GSA CONTRACTING ACTIVITIES
FROM AND DIGITALLY SIGNED BY: Jeffrey A. Koses, Senior Procurement Executive, Office of Acquisition Policy (MV)
SUBJECT: FAR Class Deviation for FAR Part 11 in Support of Executive Order 14275, Restoring Common Sense to Federal Procurement

On this page:

Purpose
Background
Summary of changes
Instructions
Applicability
Authority
Effective date
Have a question?

1. Purpose

This memorandum approves a class deviation to Federal Acquisition Regulation (FAR) part 11 for purposes of implementing the FAR Council’s model deviation to FAR part 11.

2. Background

Executive Order (E.O.) 14275, Restoring Common Sense to Federal Procurement, signed April 15, 2025, mandates a comprehensive review and simplification of the Federal Acquisition Regulation.

The FAR is being updated to:

Eliminate non-statutory language.
Remove redundant or obsolete language.
Enhance clarity through plain language.
Align with the new FAR framework.
Preserve essential governmentwide acquisition standards.

This project is referred to as the Revolutionary FAR Overhaul (RFO) initiative. This initiative will make the FAR more concise, understandable, and focused on core procurement requirements.

3. Summary of changes

FAR part 11, Describing Agency Needs, has been updated to ensure requirements are clear, focused on commercial standards, and do not unnecessarily limit competition. Statutory requirements retained in the RFO FAR part 11 model deviation include, but are not limited to, the following:

41 U.S.C. § 3306(a) and 10 U.S.C. § 3206(a): Planning and Solicitation Requirements
41 U.S.C. § 3307 and 10 U.S.C. § 3453: Preference for Commercial Products and Commercial Services
15 U.S.C. § 637(d)(4)(F): Requirements related to liquidated damages

Change	Description
Retained	Definitions specific to part 11 for Reconditioned and Remanufactured. Using market research to promote full and open competition. Encouraging commercial products and commercial services to the maximum extent practicable. Procedures and corresponding clauses related to liquidated damages. Requirements related to the Defense Priorities and Allocations System (DPAS), a Department of Commerce regulation in support of approved national defense, emergency preparedness, and energy programs. Retained clauses and provisions to this part include: 52.211-5, Material Requirements 52.211-11, Liquidated Damages—Supplies, Services, or Research and Development 52.211-12, Liquidated Damages—Construction 52.211-13, Time Extensions 52.211-14, Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use 52.211-15, Defense Priority and Allocation Requirements
Removed	Requirements related to identification and availability of specifications. Prescriptive procedures, such as: Requirements to include ecolabels in specifications based on information in the Green Procurement Compilation. Requirements for brand name or equal purchase descriptions. Twelve (12) clauses and provisions are removed: The following provisions related to the availability of Federal specifications, applicable to GSA and DOD standard indices: 52.211-1, Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 52.211-2, Availability of Defense Specifications, Standards, and Data Item Descriptions in the Acquisition Streamlining and Standardization Information System (ASSIST) Website 52.211-3, Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions 52.211-4, Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions The following provisions related to brand name or equal procurements: 52.211-6, Brand Name or Equal 52.211-7, Alternatives to Government-Unique Standards The following clauses related to delivery schedules for the contract: 52.211-8, Time of Delivery 52.211-9, Desired and Required Time of Delivery 52.211-10, Commencement, Prosecution, and Completion of Work (for construction contracts only) The following clauses that address variations from firm fixed price contracts: 52.211-16, Variation in Quantity 52.211-17, Delivery of Excess Quantities 52.211-18, Variation in Estimated Quantity

Change

Description

Retained

Definitions specific to part 11 for Reconditioned and Remanufactured.
Using market research to promote full and open competition.
Encouraging commercial products and commercial services to the maximum extent practicable.
Procedures and corresponding clauses related to liquidated damages.
Requirements related to the Defense Priorities and Allocations System (DPAS), a Department of Commerce regulation in support of approved national defense, emergency preparedness, and energy programs.
Retained clauses and provisions to this part include:
- 52.211-5, Material Requirements
- 52.211-11, Liquidated Damages—Supplies, Services, or Research and Development
- 52.211-12, Liquidated Damages—Construction
- 52.211-13, Time Extensions
- 52.211-14, Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use
- 52.211-15, Defense Priority and Allocation Requirements

Removed

Requirements related to identification and availability of specifications.
Prescriptive procedures, such as:
- Requirements to include ecolabels in specifications based on information in the Green Procurement Compilation.
- Requirements for brand name or equal purchase descriptions.
Twelve (12) clauses and provisions are removed:
- The following provisions related to the availability of Federal specifications, applicable to GSA and DOD standard indices:
  - 52.211-1, Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29
  - 52.211-2, Availability of Defense Specifications, Standards, and Data Item Descriptions in the Acquisition Streamlining and Standardization Information System (ASSIST) Website
  - 52.211-3, Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions
  - 52.211-4, Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions
- The following provisions related to brand name or equal procurements:
  - 52.211-6, Brand Name or Equal
  - 52.211-7, Alternatives to Government-Unique Standards
- The following clauses related to delivery schedules for the contract:
  - 52.211-8, Time of Delivery
  - 52.211-9, Desired and Required Time of Delivery
  - 52.211-10, Commencement, Prosecution, and Completion of Work (for construction contracts only)
- The following clauses that address variations from firm fixed price contracts:
  - 52.211-16, Variation in Quantity
  - 52.211-17, Delivery of Excess Quantities
  - 52.211-18, Variation in Estimated Quantity

This table is not an exhaustive list.

4. Instructions

The GSA acquisition workforce shall follow the RFO part 11 model deviation text instead of FAR part 11 as codified at 48 CFR chapter 1. The Council’s RFO part 11 model deviation text is available at Acquisition.gov, under the “FAR Overhaul” link, and is incorporated into this class deviation.
Do not include any of the removed provisions or clauses in future solicitations and contracts. For open solicitations or awarded contracts, the contracting officer has discretion regarding the need to enforce or amend the provisions or clauses. Note that without some of the removed provisions or clauses, the contracting officer may be required to separately address certain aspects in the contract.
- For example, without contract clauses addressing variations from firm-fixed price contracts, contracting officers should consider other ways to protect the Government by addressing variations during the contract’s performance.
Requirements for establishing delivery or performance schedules are being moved to the FAR Companion Guide. This move allows acquisition teams greater flexibility and discretion to consider techniques which are most appropriate to their acquisition. To enforce the remaining liquidated damages clauses, it is helpful to ensure a delivery schedule is clearly identified.
Review templates and related standard operating procedures to align with this deviation and remove unnecessary process steps.

5. Applicability

This class deviation applies to all GSA procurements.

6. Authority

This class deviation is issued under the authority of EO 14275, OMB Memo M-25- 26 [PDF], 48 CFR 1.4, and RFO FAR 1.304.

7. Effective date

This class deviation is effective immediately and remains in effect until rescinded or incorporated into the FAR.

8. Have a question?

Try asking GSAi first (upload the new RFO language and GSA’s implementing deviation, then ask your question (Please note, GSAi is accessible to GSA employees only). If you still need clarification, email the GSA Acquisition Policy Division at GSARPolicy@gsa.gov.