FAR Overhaul

FAR Part 23 clauses after the revocation of E.O. 14057

A-Frame Solutions

Executive Order 14057, the federal sustainability order, was revoked. The Revolutionary FAR Overhaul Part 23 model deviation removes the two clauses that rested on it — 52.223-20 (Aerosols) and 52.223-21 (Foams) — and retitles Part 23, consolidating every remaining prescription under 23.108.

The second half of that is the part that catches people. The surviving clauses kept their numbers, so a matrix built on clause numbers alone looks fine. But every prescription moved from 23.109 to 23.108. If your solicitation template prints the authority next to the clause, it is now citing a subsection that prescribes nothing.

What was removed

ClauseTitleWas prescribed atStatus
52.223-20Aerosols23.109(d)(3)Removed & reserved
52.223-21Foams23.109(d)(4)Removed & reserved

Both were discretionary clauses under the legacy regime, so a contracting officer who never used them will notice no change. The exposure is in templates that included them by default.

Where the surviving prescriptions moved

ClauseTitle and applicabilityPrescription moved
52.223-23Sustainable Products and Services
All acquisitions
23.109(a)23.108(a)
52.223-9Estimate of Percentage of Recovered Material Content for EPA-Designated Items
Supplies over $200,000 CO discretion
23.109(b)(2)23.108(b)(2)
52.223-11Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons
Supplies CO discretion
23.109(d)(1)23.108(d)(1)
52.223-12Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners
Services CO discretion
23.109(d)(2)23.108(d)(2)

52.223-23 is the only Part 23 clause the deviation keeps as a mandatory requirement. The other three remain contracting officer discretion items, exactly as they were under the legacy regime — the deviation did not change any clause from mandatory to discretionary or back.

Which agencies have adopted Part 23

30 agencies, and unlike Part 22 the dates are effectively uniform. 29 adopted on 3 November 2025:

CFTC CPSC DHS DOC DOD DOE DOI DOJ DOL DOS DOT ED EPA FCC GSA HUD MCC NARA NASA NRC NSF OPM PBGC SEC SSA TREASURY UDALL USDA VA

HHS followed on 21 November 2025: HHS

Adoption data as of 2026-08-09. If your agency is not listed, the legacy Part 23 clause set still governs — including 52.223-20 and 52.223-21, and the 23.109 prescriptions.

Common questions

Are FAR 52.223-20 Aerosols and 52.223-21 Foams still required?

Not at an agency that has adopted the Revolutionary FAR Overhaul Part 23 model deviation. Both rested on Executive Order 14057, and the deviation removes and reserves them following its revocation. At an agency that has not adopted Part 23, the legacy clauses still apply.

Did the other Part 23 clauses change?

The clause numbers did not change, but their prescriptions did. Part 23 was retitled and its prescriptions consolidated under 23.108, so 52.223-23 moves from 23.109(a) to 23.108(a), 52.223-9 from 23.109(b)(2) to 23.108(b)(2), 52.223-11 from 23.109(d)(1) to 23.108(d)(1), and 52.223-12 from 23.109(d)(2) to 23.108(d)(2).

Why does a prescription change matter if the clause number is the same?

Because a clause matrix or solicitation template that cites the prescription is now citing a subsection that no longer prescribes anything under the deviation. The clause is still correct; the authority printed next to it is not.

Is 52.223-23 Sustainable Products and Services still mandatory?

Yes. It is the one Part 23 clause the deviation keeps as a non-discretionary requirement, prescribed at 23.108(a). The other three survivors are contracting officer discretion items, as they were under the legacy regime.

Which agencies have adopted the Part 23 deviation?

As of 2026-08-09, 30 agencies. Unlike Part 22, adoption is effectively uniform: 29 adopted on 3 November 2025 and HHS followed on 21 November 2025.

Prescriptions move. Matrices do not.

ArcClause resolves the legacy and deviation clause sets against your agency and solicitation date, and prints the prescription it actually used — so a renumbered cite shows up before the solicitation does.

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Related: FAR Part 22 labor clauses after E.O. 11246 · FAR Part 40 security clauses · FAR overhaul tracker