Subject: Acquisition Policy Flash! 25-05

Purpose: To issue a class deviation, in accordance with FAR 1.404 and as authorized by the Civilian Agency Acquisition Council (CAAC) letter 2025-01 Supplement 1, dated February 18, 2025, to implement Executive Order (E.O.) 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” and the revocation of E.O. 11246, “Equal Employment Opportunity,” and to update terminology based on E.O. 14168, “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.”

FAR parts referenced: FAR parts 1, 2, 4, 14, 19, 22 and 52.

Effective Date: Immediately

Expiration Date:  NA

Background: Executive Order (E.O.) 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” issued January 21, 2025, revoked E.O. 11246, “Equal Employment Opportunity,” issued September 24, 1965. This deviation describes changes to solicitation and contract terms that will ensure compliance with E.O. 14173. FAR subparts 22.13, Equal Opportunity for Veterans, and 22.14, Employment of Workers with Disabilities, and their related provisions and clauses, are based on statute, are not covered by E.O. 11246, and thus are not affected by this deviation. Contractors are still covered by existing United States laws on civil rights/nondiscrimination. These laws apply whether or not the company is a government contractor.

This deviation also addresses E.O. 14168, “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” issued on January 20, 2025, by removing the defined term “gender identity” at FAR 22.801 and the clauses at FAR part 52 that include the term.

Applicability: This deviation applies to all VA solicitations and contracts.

Action Required: Contracting officers shall comply with the attached class deviation to implement the required changes.

Additional Information: Direct questions or concerns regarding this deviation to the Office of Acquisition and Logistics (003A), Procurement Policy and Warrant Management Service (003A2A), at va.procurement.policy@va.gov.