On April 15, the President issued Executive Order 14275, Restoring Common Sense to Federal Procurement, launching a comprehensive rewrite (streamlining) of the Federal Acquisition Regulation (FAR), supplemental agency regulations, and other procurement guidance. The end of the fiscal year marks the symbolic “finish line” for Phase I of the Administration’s Revolutionary Federal Acquisition Regulation FAR Overhaul (RFO). Phase I of the RFO is the comprehensive rewrite or overhaul of the FAR through the issuance of deviations for each of the FAR parts. To date, deviations have been issued for 38 parts of the FAR. This includes partial deviations for FAR parts 2 and 52, which are undergoing a rolling overhaul consistent with the issuance of the various overhauled FAR parts. In addition, Practitioner Albums have accompanied the deviations providing context and understanding for the changes.
The deviations have streamlined the FAR, providing more direct, plain language guidance that will increase efficiency, reduce administrative burdens, and eliminate barriers to commercial solutions. The RFO has taken a strategic approach, moving key, undervalued parts of the FAR to provide greater clarity and flexibility for contracting officers and contractors, alike. For example, the simplification of the Federal Supply Service (FSS) ordering procedures and relocation to the General Services Acquisition Regulation is a significant change that will enhance competition, value, and outcomes for customer agencies utilizing the FSS program. Likewise, moving the simplified procedures for commercial supply and service acquisitions below $7.5 million from FAR part 13 to part 12 is a positive, logical step. The commercial procedures were essentially an afterthought in FAR part 13. Now these procedures will be highlighted to the acquisition workforce via FAR part 12.
PHASE II: The Transparent, Formal Rulemaking
Phase I of the RFO has been a remarkable effort. Phase II, the formal rulemaking, will launch in Fiscal Year 2026. Given the magnitude and complexity of the changes, and their potential financial impact on government, industry, and the taxpayer, public engagement will be essential to the long-term success of the RFO.
Simply put, the public needs to pay attention and submit comments on their experiences with the FAR deviations to assist the government in ensuring the best possible rules are finalized–rules that promote competition, increase efficiency, and reduce barriers to the commercial market. In turn, to ensure every opportunity for engaged public comment, it will be incumbent on the government to provide the necessary time and encouragement for the public to provide fulsome, thoughtful, and productive comments. The RFO offers a generational opportunity to improve outcomes, save taxpayer money, and deliver exceptional mission support through a sound business framework. Public comments are a critical step in finalizing that business framework. As GSA’s website notes:
Public comments help agencies improve regulations. Although agencies do research and consider as many options and outcomes as possible, the public can bring a fresh perspective or greater insight into the outcomes of regulations.
Because regulatory agencies gain so much from the public’s experience, Federal law requires that agencies publish a notice of their proposed changes to the regulations in the Federal Register and provide time for the public to submit comments. Per the Administrative Procedures Act (APA) of 1946, agencies must consider “all relevant matters presented” and address these concerns and comments in the notice they publish when the change is made final. The APA ensures public transparency in the rulemaking process, while holding the government accountable to address public input. The transparency and accountability ensure integrity throughout the process.
As we approach the end of Phase I of the RFO, the Coalition for Common Sense in Government Procurement looks forward to a robust, transparent public rulemaking process that serves the public interest and delivers for the American people.
Look for future blogs on this transformation focusing on the acquisition workforce.