60RRBH25R0009 CMOS Class Deviation EO 14148 - Attachment 11.pdf

United States Government FORM G-115f(1-92)

MEMORANDUM

May 23, 2025

TO: Acquisition Management Division

FROM: Jack Schreibman

Director of Administration Senior Procurement Executive

SUBJECT: Class Deviation from the Federal Acquisition Regulation (FAR) Regarding Section 2 of the Executive Order 14148, “Initial Rescissions of Harmful Executive Orders and Actions,” which revoked Executive Order 14057 and Section 2 of Executive Order 14208, “Ending Procurement and Forced Use of Paper Straws."

BACKGROUND: Section 2 of Executive Order 14148, “Initial Rescissions of Harmful Executive Orders and Actions,” of January 20, 2025 (see 90 FR 8237), revoked Executive Order 14057, “Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability,” of December 8, 2021.

Section 2 of Executive Order 14208, “Ending Procurement and Forced Use of Paper Straws," of February 10, 2025 (see 90 FR 9585), directs agencies to take appropriate action to eliminate policies designed to disfavor plastic straws.

The RRB has determined that in advancement of Section 2 of Executive Order 14208, the removal of requirements related to Executive Order 14057 eliminates all non-statutory sustainability requirements or preferences in purchases of food service wares, including paper straws.

AUTHORITY: This class deviation is issued under the authority of FAR section 1.404(a) and section 1.A.2 of RRB Basic Board Order 5. This class deviation is issued following consultation with the Chair of the Civilian Agency Acquisition Council (CAAC) in accordance with FAR 1.404(a)(1).

EFFECTIVE DATE: Immediately

EXPIRATION DATE: This FAR class deviation is effective upon issuance and will remain in effect until the further notice

DEVIATION: Effective immediately, contracting officers shall insert the attached clause into all new solicitations, contract awards, and delivery or task orders for commercial and non-commercial supplies or services, where any contractor employee is anticipated to perform work on-site in an RRB facility.

Contracting officers shall also modify all existing contracts and delivery or task orders for commercial and non-commercial supplies or services where any contractor employee is currently required or anticipated to perform work on-site in an RRB facility to include the clause through a bilateral modification. When modifying an existing contract instrument, contracting officers shall negotiate an appropriate equitable adjustment in the contract price to allow for costs incurred by the contractor to administer the screening testing program and document compliance.

CONTACTS: Questions or comments about this class deviation may be directed to Stephen Schenk, Acting Chief of Acquisition Management at stephen.schenk@rrb.gov.

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CC: Office of General Counsel

ATTACHMENT

Attachment 1. RRB.A.12 – A. General RRB Clause-12. Executive Order 14208, “Ending Procurement and Forced Use of Paper Straws."

a. In advancement of Section 2 of Executive Order 14208, the removal of requirements related to Executive Order 14057 eliminates all non-statutory sustainability requirements or preferences in purchases of food service wares, including paper straws.

ATTACHMENT 1

FAR Deviation Clause

RRB.A.XX – A. General RRB Clause-XX. Executive Order 14208, “Ending Procurement and Forced Use of Paper Straws."

(a) Any Contractor providing any food service wares to the RRB shall comply with, Executive Order 14208, “Ending Procurement and Forced Use of Paper Straws." including all revisions and updates.