MCC FAR Deviation 2025-01 Provisions and Clauses
Special Notice Posted
- Solicitation number
- MCCFARDeviation2025-01
- Set-aside
- No set-aside
Opportunity facts
- Place of performance
- Washington, District of Columbia 20005, United States
Notice details come from SAM.gov. Updated .
About this opportunity
The Millennium Challenge Corporation (MCC) issued a Federal Acquisition Regulation (FAR) Deviation Special Notice on February 28, 2025, implementing changes mandated by four specific Executive Orders: 14173, 14168, 14148, and 14208. The notice outlines significant modifications to federal contract solicitation provisions and clauses, addressing various governmental regulatory requirements. These changes are based on guidance from CAAC Letter 2025-01 Supplement 1 and CAAC Letter 2025-02 Supplement 1, which provide instructions for civilian agencies on revising solicitation documents. The deviation specifically impacts definitions and procedures in FAR Parts 2, 11, 18, 23, and 37, with comprehensive changes to existing contract requirements. The MCC is applying these modifications to promote government efficiency and align with recent executive directives.
The primary objective of this Special Notice is to update and standardize contract provisions by removing 19 existing FAR clauses and replacing them with 12 new deviated clauses that align with recent Executive Orders. Contractors should carefully note the specific removals, which include provisions related to equal opportunity, apprenticeships, environmental management, and sustainability requirements. There are no explicit eligibility restrictions mentioned, suggesting the changes apply broadly to all MCC solicitations and contracts referencing this notice. The new provisions include modifications to representations and certifications, construction wage requirements, subcontract standards, and sustainability reporting. Contractors must pay close attention to the updated clauses, particularly the deviations marked with "(DEVIATION FEB 2025)" to ensure compliance with the new regulatory framework. These changes reflect a significant shift in governmental contracting standards, potentially impacting how businesses prepare and submit their proposals to the Millennium Challenge Corporation.
Notice text
*** See attachment for the complete detail ***
To fully comply with the Executive Orders 14173 “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” 14168 “Defending Women from Gender Ideology Extremism and Restoring Biological Truth,” 14148 “Initial Rescissions of Harmful Executive Orders and Actions,” and 14208 “Ending Procurement and Forced Use of Paper Straws,” the U.S. Millennium Challenge Corporation issued a FAR Deviation on 19 February 2025 in accordance with the CAAC Letter 2025-01 Supplement 1 and CAAC Letter 2025-02 Supplement 1. These letters informed civilian agencies what solicitation provisions and contract clauses should be revised to adhere to the Executive Orders.
To promote government efficiency, all MCC solicitations and contracts that reference this posting hereby effectively apply the following changes:
1. Use the revised definitions in FAR Part 2 and follow the revised procedures in FAR Parts 11, 18, 23, and 37
2. Remove the following provisions and clauses, as applicable:
- 52.204-8 Annual Representations and Certifications (JAN 2025)
- 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (MAY 2024)
- 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Products and Commercial Services (JAN 2025)
- 52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services) (JAN 2025)
- 52.222-9 Apprentices and Trainees (JULY 2005)
- 52.222-21 Prohibition of Segregated Facilities (APR 2015)
- 52.222-22 Previous Contracts and Compliance Reports (FEB 1999)
- 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999)
- 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation (FEB 1999)
- 52.222-25 Affirmative Action Compliance (APR 1984)
- 52.222-26 Equal Opportunity (SEPT 2016)
- 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015)
- 52.222-29 Notification of visa denial (APR 2015)
- 52.223-1 Biobased Product Certification (MAY 2024)
- 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (MAY 2024)
- 52.223-10 Waste Reduction Program (MAY 2024)
- 52.223-19 Compliance with Environmental Management Systems (MAY 2011)
- 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation (DEC 2016)
- 52.223-23 Sustainable Products and Services (MAY 2024)
3. Apply the following provisions and clauses, as applicable:
- 52.204-8 Annual Representations and Certifications (JAN 2025) (DEVIATION FEB 2025)
- 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)
- 52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services) (JAN 2025) (DEVIATION FEB 2025)
- 52.222-6 Construction Wage Rate Requirements (AUG 2018) (DEVIATION FEB 2025)
- 52.222-11 Subcontracts (Labor Standards) (MAY 2014) (DEVIATION FEB 2025)
- 52.222-12 Contract Termination—Debarment (MAY 2014) (DEVIATION FEB 2025)
- 52.244-6 Subcontracts for 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)
- 52.223-10 Waste Reduction Program (MAY 2024) (DEVIATION FEB 2025)
- 52.223-23 Sustainable Products and Services (MAY 2024 (DEVIATION FEB 2025))
Files
| File | Type | Posted |
|---|---|---|
| MCC FAR Deviation 2025-01 Provisions and Clauses.docx | DOCX document |
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