Attachment 2 AGAR Class Deviations.docx

Attachment 2: AGAR Class Deviations March 2025 Class Deviation

This Call Order incorporates two FAR class deviations to ensure compliance with Executive Orders 14148, 14173, 14168, and 14208, issued since January 20, 2025. It also removes references to AGAR clauses and provisions that have been rescinded. These updates reflect recent policy changes and remove outdated requirements, as detailed below.

The following FAR provisions and clauses are hereby removed in their entirety from the LMIR BPA:

· 52.222-21 Prohibition of Segregated Facilities

· 52.222-26 Equal Opportunity

· 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026/1

1/This provision was removed to comply with the Executive Order 14236 titled "Additional Rescissions of Harmful Executive Orders and Actions," dated March 14, 2025.

The following FAR clauses now include deviations to align with recent Executive Orders:

· 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (MAY 2024) (DEVIATION FEB 2025)

· 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (JAN 2025) (DEVIATION FEB 2025)

· 52.223-1 Biobased Product Certification (MAY 2024) (DEVIATION FEB 2025)

· 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (MAY 2024) (DEVIATION FEB 2025) Ther following references to AGAR Clauses and provisions are hereby removed to comply with AGAR Rule 2024-22463 (89 FR 81014):

· AGAR 452.211-74 Period of Performance (FEB 1988)/2

· AGAR 452.215-73 Post Award Conference (NOV 1996) /2

· AGAR 452.219-70 Size Standard and NAICS Code Information (SEP 2001) /2

· AGAR 452.236-72 Use of Premises (NOV 1996) /2

· AGAR 452.236-77 Emergency Response (NOV 1996)

· AGAR 452.236-78 Fire Suppression and Liability (MAY 2014)

· AGAR 452.237-74 Key Personnel (FEB 1988) /2 2/AGAR clauses and provisions that were included in full text have been retained, with only the AGAR reference removed.

The following AGAR clauses is hereby included:

· AGAR 452.236-70 Emergency Response, Fire Suppression and Liability (NOV 2024) All call orders will incorporate these changes by reference at award.

Disclaimer: System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

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. In addition to removing requirements related to Executive Order 14057, the attachment also reflects recent updates to Code of Federal Regulation citations for the U.S. Department of Agriculture’s BioPreferred® Program, a statutory purchasing preference program.

These class deviations will remain in effect until rescinded or incorporated into the FAR.