ML25171A049
| ML25171A049 | |
| Person / Time | |
|---|---|
| Issue date: | 06/30/2025 |
| From: | Stevenson N Acquisition Management Division |
| To: | |
| References | |
| RFO-2025-18, EO 14275 | |
| Download: ML25171A049 (3) | |
Text
Class Deviation RFO-2025-18 MEMORANDUM TO: Acquisition Management Division and Buyers in the Regions FROM:
Nicole Stevenson, Acting Director Acquisition Management Division Office of Administration
SUBJECT:
FAR Class Deviation for FAR Part 18 in Support of Executive Order 14275 on Restoring Common Sense to Federal Procurement 1.
PURPOSE: This memorandum approves a class deviation to Federal Acquisition Regulation (FAR) Part 18 - Emergency Acquisitions for purposes of implementing the Federal Acquisition Regulatory Councils (the Councils) model deviation text to FAR Part 18.
Notable changes include retention of statutory requirements and providing streamlined acquisition flexibilities available for emergency acquisitions.
2.
BACKGROUND: Executive Order (E.O.) 14275 on Restoring Common Sense to Federal Procurement was signed April 15, 2025, mandates a comprehensive review and simplification of the Federal Acquisition Regulation (FAR).
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 18, Emergency Acquisitions, has been updated to streamline the acquisition flexibilities available for emergency acquisitions, and to retain increased thresholds, commercial procedures, and award preferences during an emergency.
Statutory requirements retained in the RFO FAR part 18 deviation include, but are not limited to, the following:
41 U.S.C. § 1903, Special Emergency Procurement Authority June 27, 2025 Signed by Stevenson, Nicole on 06/27/25 42 U.S.C. Ch. 68, Stafford Disaster Relief and Emergency Assistance Act 10 U.S.C. § 101(a)(13), Contingency Operation 22 U.S.C. § 2292b, International Disaster Assistance 46 U.S.C. § 55305, Cargo Preference Act of 1954 41 U.S.C. § 153, Contract in Support of Humanitarian or Peacekeeping Operation Important Note: General acquisition flexibilities that support emergency procurement have been removed and are now located at https://acquisition.gov/emergencyprocurement Change Description Retained Increased thresholds for:
Contingency operations Defense or recovery from certain events, to include cyber, nuclear, biological, chemical, or radiological attacks International disaster assistance Emergency or major disaster response Humanitarian or peacekeeping operations Statutory requirements related to:
Emergency declarations and major disaster declarations Humanitarian or peacekeeping operations Award preference for local organizations Waiver of provisions for ocean transportation by U.S. flag vessels.
Removed General acquisition flexibilities covered in other sections of the FAR that support emergency procurement are now listed at https://acquisition.gov/emergencyprocurement.
References to resources such as the National Response Framework and Office of Federal Procurement Policy (OFPP) "Emergency Acquisitions Guide" are expected to be moved to non-regulatory guidance, as needed.
This table is not an exhaustive list.
- 4. INSTRUCTIONS:
The NRC acquisition workforce shall follow the RFO Part 18 model deviation text instead of FAR Part 18 as codified at 48 CFR Chapter 1. The Councils RFO Part 18 model deviation text is available at Acquisition.gov/far-overhaul and is incorporated into this class deviation.
Review templates and related standard operating procedures to align with this deviation and remove unnecessary processes and steps.
- 5. APPLICABILITY: This class deviation applies to all NRC solicitations and new contracts as of the date of this memo. This deviation does not apply to contracts signed and executed on or before the date of issuance.
- 6. AUTHORITY: This class deviation is issued under the authority of E.O. 14275, OMB M 26, and 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.
ML25171A049 OFFICE ADM SBCR OGC/GCHA/GCA
/NLO ADM/AMD/APPSD NAME JDaly ABriggs RBaum NStevenson DATE Jun 20, 2025 Jun 26, 2025 Jun 26, 2025 Jun 27, 2025