Attachment 5 - FAR Part 13 Deviation.pdf

October 2, 2025

MEMORANDUM FOR USDA CONTRACTING ACTIVITIES

From: Hilary Erickson

Senior Procurement Executive Office of Contracting and Procurement

Subject: Federal Acquisition Regulation (FAR) Class Deviation for FAR Part 13 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 13 for purposes of implementing the FAR Council’s model deviation to FAR Part 13.

2. Background. Executive Order (E.O.) 14275 on Restoring Common Sense to Federal Procurement, signed April 15, 2025, mandates a comprehensive review and simplification of the 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 13 is renamed from “Simplified Acquisition Procedures” to “Simplified Procedures for Non-commercial Acquisitions”. The Part has significantly changed:

• From a focus on: Simplified procedures for the acquisition of commercial products and commercial services

• To a focus on: Simplified procedures for the acquisition of noncommercial products and services valued at or below the simplified acquisition threshold

(SAT).

The procedures in this Part may be used only if:

• There are no commercial products or commercial services that can satisfy the agency’s needs (see RFO Part 12)

United States Department of Agriculture

Office of the Assistant Secretary for Administration

Office of Contracting and Procurement

1400 Independence Ave., SW Mailstop 9308 Room 126-W Whitten Building

Washington, DC 20250-9308

RFO-2025-36

https://www.federalregister.gov/documents/2025/04/18/2025-06839/restoring-common-sense-to-federal-procurement https://www.federalregister.gov/documents/2025/04/18/2025-06839/restoring-common-sense-to-federal-procurement

• The supplies or services are not available from a required source (see RFO Part 8)

It’s important to note that some statutory text and other text essential to support sound procurement has been or will be moved to other RFO FAR parts, to include:

• Definition of governmentwide commercial purchase card (RFO Part 2)

• Simplified procedures for procuring commercial items (RFO Part 12)

• Price or cost evaluation factor for multiple-award contracts (RFO Part 16)

• Advance payments for subscriptions and fast payment procedures (RFO Part 32).

Statutory requirements retained in the RFO FAR Part 13 model deviation include, but may not be limited to, the following:

• 41 U.S.C. §§ 1901-1905, Simplified Acquisition Procedures

• 41 U.S.C. § 3305 and 10 U.S.C. § 3205, Simplified Procedures for Small

Purchases

• 41 U.S.C. § 3306 and 10 U.S.C. § 3206, Planning and Solicitation Requirements

Change Description Retained • 13.001, “Applicability”, retains the prohibition on splitting requirements to stay below the SAT.

• 13.101, “Competition”, retains the requirement that agencies must promote competition to the maximum extent practicable when procuring noncommercial products and services valued at or below the SAT.

• 13.102, “Small Business”, retains the requirement that acquisitions of supplies or services with an anticipated dollar value above the MPT, but at or below the SAT, must be set aside for small business concerns.

• 13.301, “Notifications”, consolidates instructions for notifying unsuccessful quoters. It retains award notice posting requirements of FAR subpart 5.3 and brief explanations.

• 13.302, “Cancellations and Terminations”, provides a clear distinction between canceling an unaccepted purchase order and terminating an accepted purchase order and directs the Contracting Officer to FAR Part 49 or clause 52.213-4 for terminations.

Moved/Updated • The revised Part structure now reflects the acquisition lifecycle:

o Subpart 13.1 - Presolicitation o Subpart 13.2 - Solicitation, Evaluation, and Award o Subpart 13.3 - Postaward o Subpart 13.4 - Micro-purchases

• The lengthy list of inapplicable laws in former 13.005 is moved to a dynamic link, now at 13.001 (https://www.acquisition.gov/inapplicablelaws). This is a significant modernization, ensuring the regulation points to a continuously updated official source rather than a static list that could become outdated.

Change Description

• The definition of “governmentwide commercial purchase card” is moved from the former 13.001, “Definitions”, to section 2.101.

• Content regarding price or cost evaluation factors for multiple-award contracts is moved from the former 13.106-1 to RFO Part 16.

• 13.201, “Procedures”, and 13.202, “Evaluation”, cross reference

Part 12. This cross-referencing achieves several goals. It promotes consistency in government procurement practices, reducing the need for Contracting Officers to master two distinct sets of procedures for simple buys and leverages the best practices in commercial acquisitions.

• 3.204, “Contract Clauses”, authorizes the use of the revised clause 52.213-4 for a streamlined set of terms and conditions for inspection/acceptance, excusable delays, terminations, and warranties.

o The primary clause for noncommercial simplified acquisitions, 52.213-4, has been retitled and revised. The title is changed from “Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services)” to “Terms and Conditions— Simplified Acquisitions (Noncommercial)” to align with the new focus of Part 13.

o 13.204(c) explicitly prohibits the use of Part 12 clauses (52.212-1, 52.212-2, and 52.212-4) in noncommercial acquisitions

• 13.303, “Contractor Financing and Payments”, now directs readers to Part 32 for payment procedures, including fast payment procedures.

• 13.401, “General”, for micropurchases, now points to Part 12 when making purchases below the micropurchase threshold (MPT) ensuring that the simplest and most common type of acquisition is governed by a single, consistent set of rules, regardless of whether the item is commercial or noncommercial.

Removed • A significant amount of content has been streamlined and removed from Part 13 and shifted to other parts of the FAR as highlighted in the summary of changes above the table.

• The following clauses were deleted:

o 52.213-1, Fast Payment Procedure. Fast payments procedures will be covered in Part 32.

o 52.213-2, Invoices. General payment procedures will be covered in Part 32.

o 52.213-3, Notice to Supplier. The streamlined procedures and the general principles of offer and acceptance are deemed adequate without this specific clause.

This table is not an exhaustive list.

4. Instructions.

• The USDA acquisition workforce shall follow the RFO Part 13 and corresponding Part 52 model deviation text instead of FAR Part 13 and Part 52 as codified at 48 CFR Chapter 1. The Council’s RFO Part 13 and Part 52 model deviation text is available at Acquisition.gov/far-overhaul and is incorporated into this class deviation.

• For new solicitations and contracts, when using any provisions or clauses that have been revised, utilize the RFO model deviation language at RFO FAR Part

52. Do not include any of the removed provisions or clauses in 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.

• 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 USDA procurements.

6. Authority. This class deviation is issued under the authority of E.O. 14275, OMB M- 25-25, and 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. Points of Contact. Questions regarding this class deviation may be directed to the USDA Procurement Policy Division at procurement.policy@usda.gov.

https://www.acquisition.gov/far-overhaul https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52 https://www.federalregister.gov/documents/2025/04/18/2025-06839/restoring-common-sense-to-federal-procurement https://www.acquisition.gov/sites/default/files/page_file_uploads/M-25-25_Overhauling_the_Federal_Acquisition_Regulation.pdf https://www.acquisition.gov/sites/default/files/page_file_uploads/M-25-25_Overhauling_the_Federal_Acquisition_Regulation.pdf mailto:procurement.policy@usda.gov