Class Deviation RFO-2025-27: FAR Class Deviation for FAR Part 27 in Support of Executive Order 14275, Restoring Common Sense to Federal Procurement

Class Deviation RFO-2025-27
September 10, 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 27 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 27 for purposes of implementing the FAR Council’s model deviation to FAR part 27.

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 27, Patents, Data, and Copyrights, governs intellectual property rights in government contracts, explaining how parties acquire rights, how rights are licensed or shared, and how to protect both government and contractor interests. It has been updated with important plain language updates, enhanced clarity, and improved readability.

Statutory requirements retained in the RFO FAR part 27 model deviation include, but may not be limited to, the following:

10 U.S.C. § 3793, Copyrights, Patents, Designs
15 U.S.C. § 638, Research and Development
17 U.S.C. §§ 101 et. seq., Copyrights
18 U.S.C. § 798, Disclosure of Classified Information
28 U.S.C. § 1498, Patent and Copyright Cases
35 U.S.C. §§ 200 et. seq., Patent Rights in Inventions Made with Federal Assistance
41 U.S.C. § 2302, Rights in Technical Data

Change	Description
Retained	Section 27.000, “Scope of Part” is retained with a minor plain language update. Section 27.001, “Definition” is unchanged. Subpart 27.1, “General” is retained and streamlined. Subpart 27.2, “Patents and Copyrights” is streamlined and continues to provide guidance regarding: Patent and copyright infringement liability Royalties Security requirements for patent applications containing classified subject matter Section 27.202, “Royalties” has been significantly streamlined by reserving all procedural subsections (27.202-1 thru 27.202-4) and retaining only subsection 27.202-5, “Solicitation Provisions and contract clause”. Note, this section no longer references provision 52.227-7, Patents—Notice of Government Licensee, as the provision has been deleted. Subpart 27.3, “Patent Rights under Government Contracts” is retained and streamlined. Section 27.304, “Procedures” is retained with minimal edits. This section provides critical guidance on application of the patent clauses. Subpart 27.4, “Rights in Data and Copyrights” is streamlined and retained. This subpart includes intellectual property rights anchored in law and provides important guidance to contracting officers on addressing these issues within a federal contract. Section 27.405, “Other Data Rights Provisions” has been revised and the approach for special works (27.405-1) and existing works (27.405-2) has been fundamentally altered. The previous version prescribed the use of specific contract clauses (52.227-17 and 52.227-18). The revised section instead provides descriptive guidance, instructing that contracts “must specifically address the Government’s rights” and that agencies are “authorized to specially negotiate” terms. Section 27.407, “Rights to Technical Data in Successful Proposals” has been retained and completely updated. The former text prescribed the use of the clause at 52.227-23, “Rights to Proposal Data (Technical)”. This clause is removed and the updated section consists of a single, broader sentence that highlights the Government’s discretion. The following provisions and clauses were retained with no changes in text: 52.227-1 (Clause), Authorization and Consent. 52.227-2 (Clause), Notice and Assistance Regarding Patent and Copyright Infringement 52.227-3 (Clause), Patent Indemnity 52.227-4 (Clause), Patent Indemnity—Construction Contracts 52.227-5 (Clause), Waiver of Indemnity 52.227-6 (Provision), Royalty Information 52.227-8, remains “Reserved” 52.227-9 (Clause), Refund of Royalties 52.227-10 (Clause), Filing of Patent Applications—Classified Subject Matter 52.227-11 (Clause), Patent Rights—Ownership by the Contractor 52.227-12, remains “Reserved” 52.227-13 (Clause), Patent Rights—Ownership by the Government 52.227-14 (Clause), Rights in Data—General 52.227-15 (Provision), Representation of Limited Rights Data and Restricted Computer Software 52.227-16 (Clause), Additional Data Requirements 52.227-17 (Clause), Rights in Data—Special Works 52.227-20 (Clause), Rights in Data—SBIR Program 52.227-21 (Clause), Technical Data Declaration, Revision, and Withholding of Payment—Major Systems 52.227-22 (Clause), Major System—Minimum Rights
Moved	The FAR Companion is expected to include best practice information on the following moved content that is not statutorily required: Section 27.102, “General Guidance” Subsection 27.202-1, “Reporting of Royalties” Section 27.204, “Patented Technology Under Trade Agreements” Section 27.305, “Administration of Patent Rights Clauses”, including: 27.305-3, “Securing invention rights acquired by the Government” 27.305-4, “Protection of invention disclosures” Section 27.406, “Acquisition of Data” Section 27.408, “Cosponsored Research and Development Activities” Subpart 27.5, “Foreign License and Technical Assistance Agreements” The FAR Companion is expected to include best practice information on the following retained content: Subpart 27.4, treatment of “Rights in Data and Copyrights”
Removed	Section 27.302, “Policy”, which included unnecessary lengthy detail of the Government’s comprehensive policy and objectives for patent rights and title under contracts, has been removed as it is not statutorily required. Subsection 27.304-1(a), “Status as small business concern or nonprofit organization”, has been removed. This content is duplicative of FAR part 19. Section 27.402, “Policy”, which explained the Government’s need for data and the importance of balancing its needs with contractors’ proprietary interests, has been removed as it is not statutorily required. Paragraphs (a) and (c) of Section 27.406-1, “General”, are removed, as it is not statutorily required. The following provision and clauses were removed: 52.227-7 (Provision), Patents—Notice of Government Licensee 52.227-18 (Clause), Rights in Data—Existing Works 52.227-19 (Clause), Commercial Computer Software License 52.227-23 (Clause), Rights to Proposal Data (Technical)

This table is not an exhaustive list.

4. Instructions

The GSA acquisition workforce must follow the RFO part 27 and corresponding part 52 model deviation text instead of FAR parts 27 and 52 as codified at 48 CFR Chapter 1. The Council’s RFO part 27 model deviation text is available at Acquisition.gov/far-overhaul, and is incorporated into this class deviation.
For new solicitations or contracts, when using any provisions or clauses that have been revised, utilize the RFO model deviation language at RFO FAR part 52.
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.
Contracting activities must review templates and related standard operating procedures to align with this class deviation and remove unnecessary processes and 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 November 3, 2025 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.