UPDATED: November 3, 2025

If you have sold products or services to the federal government, chances are you may have experienced some challenges navigating the Federal Acquisition Regulation (FAR). In April 2025, President Trump issued Executive Order 14274, “Restoring Common Sense to Federal Procurement.” In short, he directed a rewrite of the FAR to include “only provisions required by statute or essential to sound procurement.” The Office of Management and Budget (OMB) has dubbed this rewrite the “revolutionary FAR overhaul,” or RFO. Proposed rewrites to FAR Part 1 (overview of the FAR system), Part 10 (market research), Part 18 (emergency acquisitions), Part 34 (major system acquisition and earned value management system rules), Part 39 (information technology), and Part 43 (modifications) have already been published. There are 47 FAR parts to go, and we will monitor future rewrites.

Since the changes are not effective until approved through formal rulemaking, agencies therefore are being encouraged in the meantime to adopt them through the FAR deviation process. To date, some agencies, notably the General Services Administration, but not all, have done so.

The Revolutionary FAR Overhaul (RFO)

What? The RFO, led by the Office of Federal Procurement Policy and the FAR Council, is an initiative to rewrite the 2,000-plus page FAR into a more concise document, in plain English, and to the extent possible, without rules not required by statute. There also will be buying guides for federal procurement system participants that capture best practices. The streamlined FAR and buying guides collectively will be known as Strategic Acquisition Guidance, or SAG.

Why? According to President Trump’s Executive Order (EO), the FAR is an “excessive and overcomplicated regulatory framework … resulting in an onerous bureaucracy” and this RFO initiative will “create the most agile, effective, and efficient procurement system possible” by “[r]emoving undue barriers.”

When? The RFO began in May 2025 and is an ongoing effort. President Trump’s EO directed the FAR changes to be done within 180 days of the date of the order, or October 13, 2025. However, federal law requires changes to the FAR to go through the formal rulemaking process, which includes public comment, so the final FAR may be complete after October. As a result, the OMB is encouraging agencies to adopt the recommended changes through the FAR deviation process.

What is the impact to industry? Until the rewrite is finalized, companies will need to stay current with which agencies have authorized deviations to the current FAR and which have not, in order to know which FAR rules apply to their deals with the government. Agencies are not required to implement the changes on an interim basis; instead, “Agencies should generally issue individual or class deviations to implement the” proposed changes. This means contracting practices may differ from agency to agency until the RFO is complete, and companies should remain flexible.

What can you do during this process? In addition to staying engaged with your government customers, industry has the opportunity to provide input during the rewrite. During the rewrite, you may submit feedback on which changes are unclear and which may have unintended consequences.

The proposed changes, the related EO, agency deviations, and other guidance is available at www.acquisition.gov/far-overhaul. Wilson Sonsini is monitoring this site and has summarized the changes proposed to date below. We will continue to follow this initiative and provide updates as they occur to stay current with this important and potentially impactful rewrite. 

For questions about the RFO or any matter concerning your business with the federal government, please contact one of Wilson Sonsini’s Government Contracts attorneys.

RFO’s FAR Part Changes Summary

Below is a summary of the recommended changes to the FAR. There are 53 parts to the FAR and changes will be made on a rolling basis, beginning May 2, 2025.

FAR Part 1

Date: May 2, 2025

Overview: FAR Part 1 describes the FAR system in general. The rewrite reduced FAR Part 1 by combining sections and eliminating language from others, deleting tables, and writing provisions more concisely. For example, the original FAR 1.000 read, “This part sets forth basic policies and general information about the Federal Acquisition Regulations System including purpose, authority, applicability, issuance, arrangement, numbering, dissemination, implementation, supplementation, maintenance, administration, and deviation.” The proposed change reads, “This part describes the framework and guiding principles for the Federal Acquisition Regulations System (the System).”

Bottom line: The proposed changes to Part 1 should have little direct impact on contractors, but contractors should be sensitive to how their agency counterparts adjust to implementing them.

Highlights: The rewrite added a new section 1.109 that provides for the automatic termination of rules not required by statute, absent action from the FAR Council. Specifically, the new FAR 1.109 states, “All FAR sections that are not required by statute must expire 4 years after the effective date of the sections, unless renewed by the Federal Acquisition Regulatory Council.” A second highlight concerns the class deviation process. The FAR currently sets forth different deviation approval processes for each of the U.S. Department of Defense (DoD), the National Aeronautics and Space Administration (NASA), and all other civilian executive agencies. The proposed class deviation process provides one process applicable to all executive branch agencies.

FAR Part 3

Date: September 11, 2025

Overview: FAR Part 3 sets forth rules about improper business practices and personal conflicts of interest and how to resolve them when they occur. FAR Part 3 therefore discusses rules governing procurement integrity, whistleblower rights, the anti-kickback statute, mandatory disclosure requirements, anti-lobbying restrictions, and buying-in.

Bottom line: The Part 3 rewrite should have no impact on contractors. The Practitioner Album explains, “The fundamental rules of ethical conduct remain exactly the same” and so Part 3 “has been retained with minimal deletions and minor updates made for plain language and streamlining.”

Highlights: Two notable deletions of the Part 3 rewrite are of FAR 3.103-3 and FAR 3.907.

• FAR 3.103-3 provided that contractors that had properly executed a certificate of independent price determination did not have to submit separate certificates with each proposal to perform a work order under a contract. The rewrite deletes this guidance because “it is a discretionary instruction.”
• FAR 3.907 required whistleblower protections in contracts funded by the American Recovery and Reinvestment Act of 2009 (Act). Since the Act was part of an economic stimulus package, there are no longer contracts funded by the Act for which whistleblower protections are necessary. Whistleblower protections under 41 U.S.C. 4712 and FAR 52.203-17, however, are still applicable.

The Practitioner Album consists of a high-level summary of the rewrite, a line out version of the original FAR Part 3, and smart “accelerators” consisting of procurement integrity and ethics training resources. There is also a case study of a Government Accountability Office (GAO) bid protest involving conflicts of interest based on social relationships between government and contractor employees during an acquisition. GAO recommended a new acquisition. The case study serves as a useful reminder for contractors to take care that their interactions with government employees during an acquisition do not create even an appearance of a conflict of interest that could incentivize a competitor to file a protest.

FAR Part 4

Date: August 14, 2025

Overview: FAR Part 4 prescribes policies and procedures relating to the administrative aspects of contract execution, contractor-submitted paper documents, distribution, reporting, retention, and files.

Bottom line: The rewrite reduced an almost 22,600-word FAR part to just over 8,300 by streamlining text, condensing sections, moving guidance to FAR Part 40, and deleting obsolete references. The impact to contracting officers may be significant as they manage their contract files. We note the highlights more relevant to contractors below.

Highlights:

• Adds definitions for Executive (a contractor’s officers, managing partners, or any employee in a management position); First-tier subcontract (a subcontract awarded by the Contractor to buy supplies or services to perform the prime contract); and Total compensation (the cash and noncash dollar value earned by an Executive)
• Adds language explicitly authorizing digital signatures on contracts
• Adds language that a contractor must have an active registration in the System for Award Management at the time of proposal submission and at the time of award (this is consistent with a notice of a final interim rule issued by the FAR Council in August 2025)
• Removes requirements in commercial products or services acquisitions for contractors to report 1) executive compensation in prime and first-tier subcontract awards; and 2) labor hours and total dollars invoiced for service contracts
• Moves to FAR Part 40 the security provisions concerning Classified Information, Basic Safeguarding of Covered Contractor Information Systems, Kaspersky Lab, Prohibited Telecommunications and Video Surveillance Services and Equipment (i.e., Section 889 prohibition), ByteDance (i.e., the No TikTok rule), and Federal Acquisition Supply Chain Security Act orders
• Condenses text outlining contractors’ record retention responsibilities in a new Table 4-4
• Deletes clauses 52.204-1, Approval of Contract, and 52.204-22, Alternative Line Item Proposal as obsolete
• Deletes representations and certifications required by the below clauses and moves them to the new clause at 52.204-90, Offeror Identification
  - 52.204-16, Commercial and Government Entity Code Reporting
  - 52.204-17, Ownership or Control of Offeror
  - 52.204-20, Predecessor of Offeror
• Deletes representations and certifications clauses at 52.204-12, Unique Entity Identifier Maintenance, and 52.204-18, Commercial and Government Entity Code Maintenance, and moved their requirements to a new clause at 52.204-91, Contractor Identification
• Deletes representations and certifications required by the below clauses and moves them to the existing clause at 52.204-7, System for Award Management
  - 52.204-3, Taxpayer Identification
  - 52.204-6, Unique Entity Identifier
  - 52.204-8, Annual Representations and Certifications

Finally, a Practitioner Album consists of a high-level summary, redlines to the original Part 4, and smart “accelerators” describing best practices for managing contract files and executing contract closeout. The smart accelerators include sample procedures from NASA, GSA, and DoD. The accelerators encourage the use of technology, including bots, to assist with closeout. One accelerator that may be of interest to contractors with fixed price contracts concerns the U.S. Department of Homeland Security’s (DHS’s) use of public notice. Rather than contacting vendors individually to ensure all invoices had been submitted, DHS issued a public notice giving vendors with fixed price contracts awarded under simplified acquisition procedures 60 day to do so. At the close of the notice period, DHS commenced closeout. Although DHS implemented this practice to reduce a backlog, this example could inspire some contracting officers to close their contract files rather than go back-and-forth with vendors who are not prompt with their invoices.

FAR Part 5

Date: August 8, 2025

Overview: FAR Part 5 concerns the government’s responsibilities to publicize presolicitation information, solicitations, and contract award decisions.

Bottom line: The rewrite reduced Part 5’s word count by almost 75 percent and organized it according to the acquisition timeline. There are now presolicitation, solicitation, and award sections, each with required content, actions, and timelines. Contractors should have a better understanding as to when and why the government posts information about its pending and awarded procurements.

Highlights:

Presolicitation notices:

• All presolicitation notices shall be posted to the governmentwide point of entry (GPE), which under FAR Part 2 is https://sam.gov/. A notable change appears to be requiring the government to use the GPE for acquisitions valued at over $15,000. The original FAR Part 5 required use of the GPE for acquisitions valued at more than $25,000 and allowed notice of acquisitions valued between $15,000 and $25,000 to be posted in any public place or by appropriate electronic means.
• A new Table 5-1 identifies required trade agreements language.
• A new Table 5-2 sets forth minimum timeframes for posting presolicitation notices before posting a solicitation. An apparent new timeframe in Table 5-2 is 10 days for acquisitions valued between $15,000 and $25,000.

Solicitation notices:

• A new Table 5-3 summarizes the timeframes between issuance of a solicitation to receipt of quotations or proposals. 
• The rewrite deleted the requirement to “[p]rovide copies of a solicitation issued under other than full and open competition to firms requesting copies that were not initially solicited.”

Award notices:

• A new Table 5-4 identifies when award notices must be made.
• Table 5-4 states that awards greater than $25,000 that are likely to result in subcontracting opportunities should be posted “[a]s soon as possible after award.” The original Part 5 required agencies to post such awards but did not specify when. 

Other changes include:

• “[R]etired” the term “synopsis” and removed almost all references to it in the new Part 5.
• Deleted guidance describing methods of disseminating information about contract actions.
• Streamlined prior guidance on use of advertising to post notice of contract actions, reducing four subsections to two lines.
• Removed specific guidance on notices related to Federally Funded Research Centers contract actions, substituting a cross-reference to FAR Part 35.
• Deleted release of information guidance (as duplicative), notice guidance about multi-agency use contracts (as duplicative), and actions funded by the American Recovery and Reinvestment Act of 2009 (as obsolete).

Finally, a Practioner Album consists of a high level summary, redlined version of the original FAR Part 5, and several smart “accelerators.” The accelerators focus on posting practices, using platforms other than https://sam.gov/ to post contract actions (with use cases), using and maintaining acquisition forecasts, and communicating to vendors when the government intends to use innovative procurement techniques for an acquisition.

FAR Part 6

Date:  June 27, 2025

Overview: FAR Part 6 sets forth procedures and policies to promote full and open competition, as well as the procedures to justify limiting competition. The rewrite deleted several sections and reworded others. For example, the rewrite removed most of the Application sections from FAR Part 6’s subpart dealing with other than full and open competition. 

Bottom line: The rewrite should have little impact on contractors as agencies still have authority to limit competition under the same seven exceptions they had prior to the rewrite, and contracting officers still must write and post justifications and approvals as they always have. There is one area to watch, however: small business set asides. The rewrite eliminated references to the specific small business socioeconomic programs. While the rewritten FAR Part 6 says agencies “may” set aside contracts for small businesses, small businesses should watch for any changes after the rewrite to FAR Part 19, Small Business Programs, to see how set asides will actually work under the rewritten FAR. It is unknown when the FAR Part 19 rewrite will be published.

Highlights: 

• FAR Part 6 had separate sections for each of the 8(a), HUBZone, Veteran Owned, and Women Owned small business programs. Those sections are now gone after the rewrite, and there is no reference to HUBZone, veteran, or women businesses in the rewrite. Instead, the rewrite directs readers to FAR Part 19 for “Contract actions set aside for specific small business socioeconomic categories.” 
• On the other hand, the rewrite calls out the Small Business Innovation and Research (SBIR) and Small Business Technical Transfer (STTR) programs three times, which the original FAR Part 6 does not; it mentions SBIR once and STTR not at all. Notably, the rewrite added as an example to the “Authorized by Statute” exception to full and open competition Phase III SBIR and STTR awards (if the initial award was competitively awarded). 
• However, the rewrite deleted from the “Authorized by Statute” exception most of the original illustrative examples (e.g., Federal Prison Industries, Qualified nonprofit agencies for the blind or other severely disabled, and Government Printing and Binding). The rewrite similarly deleted the examples under the “Industrial Mobilization” exception.
• The rewrite created a table identifying the approval authority for justifications and approvals based on the value of the contract action. The original FAR listed approval authorities in narrative form in various subsections.

• A Practitioner Album provides a summary of the rewrite, noting that contracting officers have the discretion to set aside procurements for small businesses while also stating that “the prescriptions around socioeconomic concerns have been removed.” The Practitioner Album includes a redlined version to FAR Part 6, six “accelerators,” and links to other Practitioner Albums from other parts of the FAR rewrite. The “accelerators” include several practices to increase competition. One emphasizes the importance of early acquisition planning, while another promotes use of contract on- and off-ramps. A third accelerator describes the “repositioning for resiliency” technique, which allows vendors during contract performance to “switch” to other contract requirements based on vendor competencies and government needs without having to formally compete for them. According to the accelerator, solicitations would establish the procedures for any repositioning. “Fusion procurement” is another accelerator, and it contemplates issuing one solicitation for multiple requirements that results in multiple contract awards, one for each requirement. As a result, agencies can “strategically break large requirements into smaller, more accessible contracts to expand vendor participation.” Writing strong justifications and approvals and phased proposal submission round out the accelerators. Although the practices described in the accelerators are not new, they are not common. Whether they become more common as a result of this rewrite’s endorsement remains to be seen, but contractors should become familiar with them nonetheless so as not to be surprised if their customers look to implement them.

FAR Part 7

Date: September 4, 2025

Overview: FAR Part 7 is about acquisition planning, and sets forth rules on acquisition plans, determining what resources to use to buy supplies and services, and inherently governmental functions (i.e., services that cannot be contracted for).

Bottom line: The Part 7 rewrite removes almost 3,000 words by streamlining text and deleting previous guidance about acquisition plan content, contracting officer responsibilities for economic quantities of purchases, and Office of Management and Budget Circular A-76 (which establishes policies for government agencies to determine whether to outsource a requirement).

The rewrite should have no significant impact on contractors.

Highlights: Notable changes to Part 7 include:

• Requiring agencies to use existing contracts if appropriate to fulfill requirements; previous guidance was for agencies to “consider” existing contracts
• Permits oral acquisition plans
• Deletes subpart 7.105, which had listed content requirements for a written acquisition plan (this deletion alone accounts for approximately 2,400 of the 3,000-word reduction of the rewrite).
• Deletes subpart 7.200, which had prescribed procedures for gathering information from offerors to assist the government in planning the most advantageous quantities in which supplies should be purchased
• Deletes Circular A-76 guidance because “Congress has consistently placed a statutory hold on A-76 competitions since 2008”
• Combines consolidation and bundling guidance into one subpart (previously each had their own subpart) since there are “no longer separate requirements for each”
• Deletes the provision at FAR 52.207-3, Right of First Refusal of Employment, which had required Contractors that had been awarded contracts that resulted in the elimination of government positions to give government personnel who had held the eliminated position a right of first refusal of employment

Finally, a Practitioner Album includes a high-level summary of the changes, a line out to the original Part 7, a perspective on acquisition planning from the Federal Railroad Administration, and several smart “accelerators.” The accelerators focus on collaboration, flexibility, and strategic planning as essential to acquisition planning. Examples from the Federal Railroad Administration, Federal Emergency Management Agency, and Environmental Protection Agency may provide some insight for contractors as to how agencies have considered how to implement strategic acquisition planning, while there are templates for oral and written acquisition plans from the General Services Administration and DoD. 

FAR Part 8

Date: August 14, 2025

Overview: FAR Part 8 establishes the processes and procedures for prioritizing sources of supplies and services used by the government.

Bottom line: The FAR Part 8 rewrite reduced the word count from more than 15,000 to just under 2,300, largely by moving General Services Administration (GSA) ordering procedures from the original FAR Subpart 8.4 to the GSA Manual. The new Part 8 will be significant for those contractors without a GSA schedule contract or access to governmentwide acquisition contracts, since the guidance now is explicit when government agencies must use them.

Highlights: FAR Part 8, both before and after the rewrite, list mandatory sources the government must use when procuring goods and services. For example, agencies must look first at existing inventory, Federal Prison Industries, Inc., and the AbilityOne program. FAR Part 8 used to provide that if these mandatory sources did not have products and services that met the agency’s needs, the agency was “encouraged to consider” GSA schedule contracts and governmentwide acquisition contracts. Now agencies “must use” those vehicles when the Office of Federal Procurement Policy designates them as “best-in-class.” A current list of “best-in-class” contracts includes GSA schedule contracts; the complete list can be found on the Acquisition Gateway website.

As noted above, the FAR Part 8 rewrite deleted GSA schedule contract ordering procedures and moved them to the GSA manual.

The rewrite additionally moved FAR Part 51, Use of Government Sources by Contractors, to a new FAR 8.105. Additionally, whereas Part 51 generally limited contractor use of government supply sources (such as GSA schedule contracts) to cost-reimbursement contracts, the new Part 8 guidance more clearly allows use for any contract type.

Finally, a Practitioner Album consists of a high-level summary, redlines to the original Part 8, a Practitioner’s Perspective on FAR Part 8 and the GSA Manual’s ordering procedures, and smart “accelerators” describing:

• the Periodic Table of Acquisition Innovations (PTAI), a source with resources, use cases, and insights on how to innovate and streamline procurements. It includes Frequently Asked Questions, acquisition techniques, and acquisition automations.
• “Betterment,” a technique that allows the government to provide vendors an opportunity to propose solutions that exceed the government’s minimum requirements.
• ways to streamline acquisitions and evaluation documentation, with information on confidence ratings, comparative evaluations, exchanges with offerors, release of source selection documentation to offerors, and use of oral debriefings and explanations in a group setting.

The accelerators include presentations by DHS’s Procurement Innovation Lab on these subjects as well as links to PTAI for further information. Contractors should review these accelerators, presentations, and PTAI references for insight on how their government buyers may implement them. Alternatively, contractors may see advantages in some techniques discussed in the accelerators and therefore see opportunities to recommend their use to the government.

FAR Part 9

Date: August 21, 2025

Overview: FAR Part 9 contains the rules and procedures about contractor responsibility, suspension and debarment, qualified products, first article testing, teaming agreements, defense product and research and development pools, and organizational conflicts of interest.

Bottom line: The Part 9 rewrite should have no significant impact to contractors. The rewrite reduced the 23,000-plus word Part 9 by almost 4,000 words but generally made no substantive changes. One possible exception involves the rules on responsibility determinations. The rewrite deleted specific examples of contractor resources and deficient performance contracting officers were instructed to consider in responsibility determinations. In the absence of explicit guidance, there may be hesitation by contracting officers or grounds for contractors to disagree. However, given the discretion contracting officers have in making responsibility determinations, it should be a minor inconvenience in the near term.

Highlights: Notable changes to Part 9 as a result of the rewrite:

• Deletion of the policy statement that “While it is important that Government purchases be made at the lowest price, this does not require an award to a supplier solely because that supplier submits the lowest offer”
• Removal to the FAR Companion Guide that contracting officers can develop special standards of responsibility
• Deletion of examples of acceptable evidence of resources a contractor should provide demonstrating the ability to perform the contract, such as facilities, personnel, and equipment; after the rewrite, contractors need only provide evidence of its ability to obtain required resources
• Deletion of examples that indicate a contractor’s deficient performance record, such as failure to meet the contract’s quality requirements and consideration of subcontracting plan compliance
• Removal to the FAR Companion Guide the use of preaward surveys
• Removal to the FAR Companion Guide the rules for teaming agreements and defense and research and development pools

Finally, a Practitioner Album provides a high-level summary, line out to the original FAR Part 9, and smart “accelerators.” One accelerator includes uses cases about the Defense Logistics Agency’s qualified bidders lists and the Supplier Performance Risk System and the Transportation Security Administration qualified products list. A second accelerator provides resources on the use of bots and automation tools to help agencies make responsibility determinations. Such tools make it key for contractors to ensure the data in government systems about their performance is accurate.

FAR Part 10

Date: May 22, 2025

Overview: FAR Part 10 instructs government acquisition personnel about market research, and specifically, why it is important and how to do it. The rewrite combined sections, reducing it from four to three, and deleted language and subsections. The deletions are of discretionary rules, and otherwise make the text more readable. After the rewrite, FAR Part 10 went from more than 1,000 words to just over 300.

Bottom line: The proposed changes to Part 10 make commercial products and services the preferred solution, and so contractors may want to think about how to emphasize the commerciality of their offerings when engaging their customers. In doing so, contractors will want to take advantage of the new Part 10’s direction for agencies to have “responsible and constructive exchanges.”

Highlights: The proposed Part 10 states that government agencies “must” buy commercial products and services “to the maximum extent practicable.” The rewrite removes all references to small businesses, consolidation, and bundling in prescribing market research requirements. Gone also are references to information and communication technology accessibility standards (also known as, Section 508), contingency operations, and disaster relief. Moreover, there is a Practitioner Album, which consists of a high-level summary of the changes, a redlined version of the original FAR Part 10, interactive modules on market research techniques, and a perspective on industry days and requests for information. Last, the new FAR Part 10 states, “Agencies should engage in responsible and constructive exchanges with industry.”

FAR Part 11

Date: June 18, 2025

Overview: FAR Part 11 provides guidance on how agencies are to describe their requirements. The rewrite deleted more than half of the original text, so that the rewritten FAR ensures “requirements are clear, aligned with commercial practices, and avoid overly prescriptive specifications that limit competition.”

Bottom line: The proposed changes to Part 11 should have little impact on contractors. Although the rewrite removed specific guidance in certain areas contracting officers historically have used when finalizing requirements, contractors will still have the ability to work with buying agencies to help shape them.

Highlights: The proposed Part 11 deleted guidance on the order of preference on when to use a Statement of Work (SOW), Performance Work Statement (PWS), or Statement of Objectives (SOO); agencies now have discretion to select which document to use. Also deleted were sections on use of brand name or equal requirements, purchase descriptions for service contracts, delivery and performance schedules, and variations in quantity for supply and construction contracts. However, the rules allowing agencies to buy items peculiar to one manufacturer remain unchanged. The rewrite deleted the references to IPv6, but contractors should not assume agencies will not require it. The rewrite also deleted guidance concerning providing requirements document information in solicitations. Twelve contract clauses and solicitation provisions, all related to the foregoing deletions, are proposed for deletion: 

• 211-1, Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29
• 211-2, Availability of Defense Specifications, Standards, and Data Item Descriptions in the Acquisition Streamlining and Standardization Information System (ASSIST) website
• 211-3, Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions
• 211-4, Availability for Examination of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions
• 211-6, Brand Name or Equal
• 211-7, Alternatives to Government Unique Standards
• 211-8, Time of Delivery
• 211-9, Desired and Required Time of Delivery
• 211-10, Commencement, Prosecution, and Completion of Work
• 211-16, Variation in Quantity
• 211-17, Delivery of Excess Quantities
• 211-18, Variation in Estimated Quantity

Finally, a Practitioner Album includes a high-level summary, redlines to the original Part 11, “smart accelerators” that provide a “Blueprint for Requirements Development,” and a case study on a GAO protest decision about an agency’s use of brand name or equal specifications. The case study concluded that thorough market research is important to identify the truly essential characteristics of a product so the vendor pool that can meet them is as large as possible. The “accelerators” include guidance on sharing drafts of requirements documents with industry; how to collaborate with industry on requirements; a playbook on performance-based acquisitions; how to select between a SOW, PWS, and SOO (including links to guidance from DHS, GSA, and DAU); and modular contracting. There is also an accelerator dedicated to writing brand name or equal specifications, which includes the observation that “[t]his approach can be particularly effective for commercial off-the-shelf (COTS) products like standard software licenses and common hardware components.” Accordingly, contractors selling COTS products might do well to engage early with their customers as part of business development to help market research ensure their product’s characteristics are considered in requirements documents. 

FAR Part 12

Date: August 14, 2025

Overview: FAR Part 12 governs the acquisition of commercial products and services.

Bottom line: The FAR Part 12 rewrite should have significant impact on contractors. It cut almost a third of the original Part 12’s text and changed its structure, now organized according to the acquisition timeline, with sections for pre-solicitation, solicitation/evaluation/award, and post-award guidance. It also added the simplified acquisition procedures previously found in FAR Part 13, making it clearer for government agencies when to simplify purchases of commercial products and services. Moreover, it deleted the clauses at FAR 52.212-3 and FAR 52.212-5, thus eliminating a substantial number of provisions and clauses contractors have had to review and comply with.

Highlights: The stated goal of the rewritten FAR Part 12 is to streamline commercial acquisitions. Important changes include:

• Directs all commercial acquisitions to use mandatory sources identified in FAR Part 8, such as governmentwide acquisition contracts and the GSA schedule. (For contractors not on the GSA schedule, now may be a good time to consider if applying to become a GSA schedule contractor is an appropriate business strategy.)
• For acquisitions valued over $7.5 million, agencies are to issue requests for proposals, use past performance as an evaluation criterion, and offer debriefings to unsuccessful offerors.
• For acquisitions valued less than $7.5 million, however, agencies are now to use simplified acquisition procedures which had previously been in FAR Part 13.
  • Agencies will issue requests for quotations and place a purchase order in response to a vendor’s non-binding quotation.
  • Agencies can directly solicit three sources, and are not required to have evaluation plans, score quotations, or establish a competitive range before communicating with quoters or soliciting revised quotations.
  • Agencies also now can, based on the exercise of “good business judgment,” accept untimely submitted quotations.
• Deletes FAR 52.212-3 and 52.212-5, reducing the number of potential clauses and provisions in commercial acquisitions, and adds Tables 12-2, 12-3, and 12-4 to list the only potential clauses and provisions the government should use; adds explicit instruction not to add additional clauses or provisions.

Finally, a Practitioner Album consists of a high-level summary of the changes to FAR Part 12, a line out version of the original Part 12, and several smart “accelerators.” The accelerators include a video presentation from DHS’s Procurement Innovation Lab about the changes, and includes a use case of an actual commercial procurement under $7.5 million the presenters believe could have been done more efficiently under the rewritten Part 12. Contractors may be able to leverage some of this content to help streamline their sales of commercial products and services to the government. Another accelerator discusses the benefits of commercial acquisition procedures, as well as how to ensure an acquisition is “truly commercial,” particularly when modifications of or customization to a commercial product is required. Lastly, an Internal Revenue Service use case shows how commercial acquisitions can be used to procure technology development services. See our client alert on the FAR Part 12 rewrite for further information here.

FAR Part 13

Date: September 18, 2025

Overview: FAR Part 13 provides the rules for simplified acquisitions, or the purchase of products or services below the simplified acquisition threshold (which is $350,000 as of October 1, 2025). Prior to the rewrite, Part 13 applied to any such acquisition. Now, Part 13 applies to only noncommercial acquisitions.

Bottom line: The rewrite should have no impact on contractors. It simply changed Part 13’s focus to the use of simplified procedures for the acquisition of noncommercial products and services below the simplified acquisition threshold.

Highlights: As a result of the rewrite, FAR Part 13 went from almost 11,000 words to just over 900. This is because all of the provisions related to commercial acquisitions were moved to FAR Part 12. The new FAR Part 13 explains that it applies “only if” there are no commercial products or services that can satisfy the agency’s needs, but the simplified acquisition procedures remain the same. The Practitioner Album is brief, including a high-level summary and line out version of the original FAR Part 13, but no smart “accelerators.”

FAR Part 14

Date: September 25, 2025

Overview: FAR Part 14 establishes the policies and procedures for the sealed bidding method of government contracting.

Bottom line: The Part 14 rewrite deleted almost 5,000 words from the original Part 14 but made no substantive changes. The rewrite should not significantly impact contractors.

Highlights: The rewrite deletes the guidance and clause allowing contractors to submit sealed bids by facsimile transmission. However, the more notable change is a reorganization of the guidance to align with the acquisition lifecycle. As a result of the rewrite, Part 14 is now organized into four sections: General, Presolicitation, Evaluation and Award, and Postaward. This was done to make sealed bidding guidance more accessible, clear, and efficient for acquisition teams.

A Practitioner Album consists of a high-level summary, line out version to the original Part 14, and smart “accelerators” that direct users to other practitioner albums and acquisition resources from the Defense Acquisition University and the Periodic Table of Acquisition Innovations.

FAR Part 18

Date: June 12, 2025

Overview: FAR Part 18 establishes flexibilities in emergency acquisitions, which both before and after the rewrite include contingency operations support; defense against and recovery from cyber, nuclear, biological, chemical, or radiological attacks; international disaster assistance upon request from the Secretary of State or the USAID Administrator; emergency or major disaster response support; and humanitarian or peacekeeping operation support outside the U.S.

Bottom line: Part 18 as rewritten does not make any substantive additions or changes. Contractors should expect agencies to conduct procurements during emergency situations using the same authorities and procedures they always have.

Highlights: The rewrite removed 22 subsections describing other acquisition flexibilities set out in other parts of the FAR (e.g., letter contracts, oral presentations, defense priority allocation system, and small business set asides) and cross-referenced them through a link, deleted references to the National Response Framework and the Office of Federal Procurement Policy’s “Emergency Acquisitions Guide,” and consolidated the rules on micro-purchase and simplified acquisition thresholds and use of FAR Part 13’s simplified acquisition procedures into one section. There is also a Practitioner Album, which consists of a high-level summary, redlined version of the original FAR Part 18, “accelerator” ideas on how to achieve consensus, as well as how to write shorter decision documents to make faster buying decisions, and training opportunities.

FAR Part 19

Date: September 26, 2025

Overview: FAR Part 19 governs contracting with small businesses and implements the acquisition-related provisions of the Small Business Act.

Bottom line: The Part 19 rewrite reduced the text by approximately 25 percent (5,000 words) although according to the Practitioner Album, it “preserves most substantive requirements.” Moreover, the Practitioner Album states the rewrite “reinforces that it is the Government’s policy to provide maximum practicable opportunities in its acquisitions to small business.” Accordingly, the rewrite should not have a significant impact on contractors.

Highlights: The Part 19 rewrite

• Changes the name of Part 19 from Small Business Programs to Small Business
• Gives contracting officers discretion to set aside orders placed under multiple-award contracts
• Establishes that a contracting officer’s discretionary decision not to set aside an order for small businesses under a multiple-award contract does not provide a basis for protest
• Removes the requirement for contractors to re-represent their size for each order placed under indefinite delivery, indefinite quantity contracts
• Eliminates the requirement for Small Business Administration (SBA) approval to award a follow-on requirement to a non-8(a) small business if the original requirement had been awarded to an 8(a) company
• Deletes the requirement for the contracting officer and SBA to resolve differences concerning the responsibility determination of a small business for a specific acquisition
• Moves to the FAR Companion Guide guidance on
• Set-asides for orders under multiple-award contracts
• Determining the appropriate North American Industry Classification System code for a solicitation
• Office of Small Business Disadvantaged Business, an office in each agency responsible for helping maximize opportunities for small businesses
• Encouraging small business participation in acquisitions
• The price evaluation preference for Historically Underutilized Business Zone small businesses

Finally, the Practitioner Album consists of a high-level summary, line out version of the original Part 19, and smart “accelerators.” One accelerator provides general guidance on how agencies can increase small business participation. A second accelerator offers suggested language for contracting officers to use should they seek to set aside orders under multiple-award contracts for small businesses. A third accelerator lists small business contracting resources from DoD and the Periodic Table of Acquisition Innovations. For contractors not familiar with the DoD APEX program, they may consider consulting the APEX Accelerator, which provides no-cost assistance to small businesses with education, registrations, opportunity identification, and solicitation navigation.

FAR Part 22

Date: September 30, 2025

Overview: FAR Part 22 outlines general policies for implementing labor laws in government contracts.

Bottom line: The rewrite streamlined Part 22 by 27 percent, restructured the provisions to align with the acquisition lifecycle, but otherwise retained most labor protections. One notable exception is the guidance concerning equal opportunity, discussed below. The rewrite also lowered the dollar values triggering when certain clauses apply, such as equal opportunity for veterans and human trafficking. Nevertheless, the Part 22 rewrite should not have a significant impact on contractors.

Highlights: The rewrite changes Part 22 to provide that “the contracting officer must query the Department of Labor’s VETS-4212 Database” to verify a contractor is current with its veteran employment reporting obligations. Before the rewrite, the contracting officer had the option to do so. As a result, contractors should review their compliance program to ensure timely reporting.

The rewrite deletes FAR Subpart 22.8, which prescribed policies and procedures concerning equal employment opportunity. The deletion is consistent with Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity. The rewrite thus deletes clauses requiring contractor compliance with such obligations as: prohibiting segregated facilities; developing an affirmative action plan and filing compliance reports; and being subject to preaward on-site surveys by the U.S. Department of Labor (for contracts valued more than $10 million).

Additionally, before the rewrite, contracts valued over $700,000 included the clause at 52.222-56, requiring contractors to certify they have a plan to combat human trafficking. The rewrite changes the threshold for the clause’s inclusion to $550,000. Similarly, the rewrite lowers the contract value from $200,000 to $150,000 when requiring use of the clause at 52.222-35, which obligates contractors to take affirmative action to employ qualified protected veterans. 

Finally, a Practitioner Album consists of a high-level overview, line out of the original Part 22, and several smart “accelerators.” The accelerators are resources from the U.S. Departments of Defense (DoD), Labor, and Navy, and GSA on wage determinations, the Davis-Bacon Act, and the Service Contract Labor Standards Act.

FAR Part 24

Date: September 4, 2025

Overview: FAR Part 24 concerns the Privacy Act and Freedom of Information Act, and how those statutes apply in acquisitions.

Bottom line: There should be no impact to contractors as a result of the FAR Part 24 rewrite. As noted by the FAR Council, it “has been retained with minimal deletions and minor updates made for plain language. No changes were made to provisions or clauses.”

Highlights: The Part 24 rewrite deletes subpart 24.301, which had listed requirements for privacy training for contractors who have access to systems or create or maintain records subject to the Privacy Act, as duplicative with the clause at 52.224-3. A Practitioner Album includes a high-level summary, line out of the original FAR Part 24, and smart “accelerators” consisting of Privacy Act and Freedom of Information Act resources from the Defense Acquisition University, DoD, and  the U.S. Department of Justice. 

FAR Part 26

Date: August 8, 2025

Overview: FAR Part 26 establishes guidance for “Other Socioeconomic Programs,” such as the Indian Incentive Program, major disaster or emergency assistance activities, Historically Black Colleges and Universities and Minority Institutions, and food donations. It also includes policies on a drug-free workplace and texting while driving.

Bottom line: The Part 26 rewrite reduced the text by 40 percent but made no substantive changes. Consistent with other rewrites, Part 26 substitutes citations for descriptive phrases (e.g., replacing “In accordance with the Federal Food Donation Act of 2008” with “see 42 U.S.C. § 1792”) while also deleting duplicative and “unnecessary” provisions to reduce word count. It inserted new “Presolicitation” and “Postaward” sections throughout. Contractors should not expect significant impact as a result of the rewrite.

Highlights: For the Indian Incentive Program, the Part 26 rewrite deleted the procedures to challenge a contractor’s eligibility as an Indian organization or Indian-owned economic enterprise, noting such procedures will be included in a future companion guide.

For major disaster or emergency assistance activities, the rewrite retained the requirement to transition work to local firms, but eliminated the five criteria agencies should consider determining when to do so. Notably, the rewrite uses the phrase “transition emergency response contracts” whereas the original Part 26 said “response, relief, and reconstruction activities.” As federal agencies often treat response activities and relief/reconstruction activities following a major disaster differently, it will be interesting to see if the rewrite’s text remains unchanged. As for the Disaster Response Registry, the rewrite deleted the original Part 26’s guidance, explaining a future companion guide would provide it. 

Concerning policies on a drug-free workplace, the rewrite deleted the specific obligations listed in the original Part 26 contractors had to satisfy. The rewrite instead substituted a reference to FAR 52.226-7, since the clause sets forth the same obligations. 

Government contracts will still encourage contractors to have policies prohibiting their employees from texting while driving vehicles when performing work on behalf of the government, but the rewrite deleted the Purpose, Applicability, and Definitions sections from the original Part 26.

Finally, a Practitioner Album consists of a high-level summary and a redline version of the original Part 26. There are no smart “accelerators.”

FAR Part 28

Date: August 28, 2025

Overview: FAR Part 28 covers financial protection against risk of loss under contracts: bid guarantees, bonds, alternative payment protections, security for bonds, and insurance.

Bottom line: The rewrite will have no impact to contractors. The rewrite deleted cross-references to the definitions at FAR 2.101 of “power of attorney” and “offer,” but otherwise made no changes. As noted in the Practitioner Album, “All content in FAR part 28, Bonds and Insurance, has been retained with minimal deletions and minor updates made for plain language. No changes were made to provisions or clauses.” The Practitioner Album includes smart “accelerators” consisting of checklists from the Defense Acquisition University for payment and performance bonds and bid bonds.

FAR Part 29

Date: July 17, 2025

Overview: FAR Part 29 concerns taxes and provides rules for when the government is exempt from a particular tax, must pay a tax, or can claim a refund.   

Bottom line: The Part 29 re-write removes over 800 words but substantively should have no impact on contractors. One small exception may be when a contractor requires evidence of the government’s exemption from a state or local tax. The rewrite makes clear the contracting officer must provide such evidence (usually in the form of a Standard Form 1094) when the contractor requests it and there is a reasonable basis to support the exemption. Our experience has shown that contracting officers sometimes leave it to the contractor to work with their taxing authorities on whether a sale is tax exempt because the customer is the federal government.

Highlights: The rewrite requires contracting officers to consult legal counsel when any tax issue arises, whereas the original Part 29 made such consultation generally discretionary. The rewrite deleted references to NATO and guidance concerning taxes on contracts performed in Afghanistan (as well as two clauses associated with such contracts) because that guidance implemented an agreement between the U.S. and Afghanistan that has since expired. Additionally, contracting officers now have explicit direction to take advantage of federal excise tax exemptions. Furthermore, as noted above, the rewrite requires contracting officers to deliver evidence of the federal government’s tax-exempt status upon request from the contractor. There is also a Practitioner Album, which consists of a high-level summary and a redlined version of the original FAR Part 29. However, unlike other rewrites, this Practitioner Album does not have any smart accelerators.

FAR Part 30 

Date: August 28, 2025

Overview: FAR Part 30 provides policies and procedures for applying the Cost Accounting Standards (CAS). CAS covers how to allocate costs to government contracts, but importantly does not apply to all government contracts. For example, it does not apply to small businesses, commercial products or services contracts, contracts valued less than $7.5 million, and most firm-fixed price contracts.

Bottom line: The Part 30 rewrite should have no significant impact to contractors. The rewrite focuses on reorganization, and combines sections concerning CAS guidance into new sections that align with the presolicitation, evaluation and award, and postaward phases of a procurement.

Highlights: The Part 30 rewrite removes guidance from FAR 30.202-7 concerning adequacy and compliance determinations and will include such guidance in the forthcoming FAR Companion Guide. A Practitioner Album consists of a high-level summary, a line out to the original FAR Part 30, and several “smart” accelerators. The accelerators are CAS resources from the Defense Acquisition University and the Defense Contract Management Agency, including recordings of “office hours” discussing CAS issues.

FAR Part 31

Date: July 17, 2025

Overview: FAR Part 31 sets out guidance on the pricing of contracts as well as the negotiation, determination, and allowability of costs. Part 31 is based on statutes, and so the rewrite made no substantive changes. In addition to deleting definitions found in other sources, the rewrite streamlined many of the sections. For example, the re-write replaced language such as “as set forth in paragraph (j)(1)(i) and in paragraphs (j)(2) through (j)(6) of this subsection” with the simpler phrase, “in this section.” In other places, it substituted the actual citation in Part 31 for the title: rather than “Such technical effort is governed by 31.205-18, Independent research and development and bid and proposal costs,” the rewrite inserted “(see 31.205-18).” Such re-wordings helped reduce Part 31 by more than 1,300 words.

Bottom line: FAR Part 31 still includes the same 46 specific costs, and the same guidance when they are allowable and when they are not. It also still includes the same definitions for direct and indirect costs. The rewrite made no changes to requirements for advance agreements, certification of indirect costs, or penalties on contractors who claim unallowable costs. In sum, the Part 31 rewrite will not significantly change how contractors account for, claim, and be paid for costs on their contracts.

Highlights: The rewrite deleted no fewer than 15 definitions from Part 31, including but not limited to terms such as actual cash, compensation for personal services, labor market, material cost at standard, moving average cost, and weight average cost. It simplified the guidance for FAR deviation approval by referring civilian agencies to the Civilian Agency Acquisition Counsel (for class deviations) and agency heads (individual), and DoD and NASA to their agency supplements. The rewrite added additional guidance concerning the allowability of subcontractor claims as part of the costs of terminating a prime contract. New provisions expressly allow both the subcontractor’s costs common to the contract and the prime contractor’s indirect expense in settling the subcontractor’s claim. Finally, there is a Practitioner Album that provides a high-level summary, redlines to the original Part 31, and a smart accelerator that shows an overview of the Bipartisan Budget Act Cap, links to the Defense Contract Audit Agency guidance, and refers users to the Cost and Price Analysis Workbook at AcquisitionGateway.gov.  

FAR Part 32

Date: September 30, 2025

Overview: FAR Part 32 provides guidance for contract financing, funding, and payment matters. 

Bottom line: The rewrite made minor deletions, resulting in a 3,000-word reduction to the 37,000-word Part 32. No substantive changes were made to how contractors get paid under contracts, and so the rewrite’s impact should be insignificant for contractors.

Highlights: The rewrite moves guidance on contract financing payments, advance payments for noncommercial acquisitions, deferment of collection, and limitation of costs to the FAR Companion Guide. It also adds a new subpart on fast payment procedures for supply contracts valued less than $35,000, which originally was in Part 13. Notably, however, these fast payment procedures do not apply to all such contracts. They apply when 1) delivery is to a location where the government’s receiving and disbursing activities are geographically separated, and 2) there are inadequate communications facilities between receiving and payment offices that make timely payment impractical.

A Practitioner Album consists of a high-level summary, a line out of the original Part 32, and smart “accelerators” from the Defense Acquisition University and DoD’s Pricing, Contracting, and Acquisition Policy office on contract financing and payments.

FAR Part 33

Date: August 21, 2025

Overview: FAR Part 33 lays out the rules governing bid protests and contract disputes. 

Bottom line: The Part 33 rewrite should have no significant impact on contractors concerning bid protests at the Government Accountability Office (GAO) or the Court of Federal Claims (COFC). The rewrite, however, added new guidance for agency protests that may provide contractors more transparency into the procurement process without the cost of a formal protest, potentially making it a more attractive option.

Highlights: The Part 33 rewrite adds a new section FAR 33.100 that establishes the purpose of a bid protest system. Key objectives include providing “a prompt, fair, and transparent way to resolve” protests, promoting “integrity, competition, and accountability,” and correcting procurement errors as quickly as possible. In addition, the rewrite notes a bid protest system should, among other things:

• discourage abuse of the bid protest process by requiring clear and substantiated allegations of procurement impropriety;
• not serve as a way for offerors to get post-award explanations, debriefings, or additional insight into the Government’s acquisition decision; and
• not be used by incumbent contractors to disrupt transition or induce extensions of their current contracts when there is no reasonable prospect of success of the protest.

The rewrite also adds three new requirements for agency protests that contractors may find improves the existing process. First, the contracting officer must notify the head of the contracting activity as soon as practical upon receiving a protest, increasing visibility of the protest within the agency. Second, the contracting officer must provide the protestor with a redacted copy of the source selection decision, which allows for more insight into the procurement decision. Third, the rewrite requires the protestor to have an opportunity to submit a supplemental statement to the independent review official, upon the protestor’s receipt of documents provided by the agency. These three changes bring more formality to agency protests that may be preferable, and more efficient and less expensive, than a protest at GAO or COFC.

Finally, a Practitioner Album provides a high-level summary, line out to the original FAR Part 33, and smart “accelerators.” Accelerators consisting of bid protest resources from the Department of Commerce, GAO, the U.S. Department of Homeland Security’s Procurement Innovation Lab, Periodic Table of Acquisition Innovations, and the NASA share lessons learned from protests. An accelerator on contract disputes includes an exercise on resolving disputes from the Federal Acquisition Institute showing the tasks and priorities a contracting officer should consider during a dispute.

FAR Part 34

Date: May 2, 2025

Overview: FAR Part 34 sets forth policies and procedures for major systems acquisitions (i.e., those programs directed at and critical to fulfilling an agency mission, require the allocation of large resources, and warrant special management attention), and earned value management systems. The rewrite removed all of the pre-award guidance and processes FAR Part 34 had prescribed for major systems acquisitions and Part 34 now contains guidance for post-award activity only.

Bottom line: The proposed Part 34 changes relieve some administrative burdens for contractors that deliver major systems but should have no impact on contractors that sell commercial products and/or commercial services to the government.

Highlights: The rewrite deleted the requirement for agencies to identify “the key decision points of each major system acquisition and the agency official(s) for making those decisions.” It also deleted requirements for a program manager-approved acquisition strategy, and the guidance for concept exploration, demonstration, full-scale development, and full production contracts. Finally, the rewrite deleted solicitation provisions requiring contractors to give pre- and post-award notice of earned value management system compliance (FAR 52.234-2 and 52.234-3), as well as the solicitation provision for contractors to provide voluntary feedback on the pre-award and debriefing process (FAR 52.201-1).

FAR Part 35

Date: July 24, 2025

Overview: FAR Part 35 concerns research and development (R&D) contracting. The rewrite eliminated more than half of the original text from FAR Part 35 (from 5,517 words down to 2,871 words) by deleting duplicative guidance and reorganizing content in three new sections: Presolicitation, Evaluation and Award, and Postaward.

Bottom line: The Part 35 rewrite does not redefine R&D or the process agencies use to acquire R&D work. However, the rewrite eliminates language that limits requirements, pricing strategies, and acquisition methods. Moreover, through the Practitioner Album, the rewrite highlights broad agency announcements and non-FAR acquisition authorities as innovative ways for agencies to buy R&D, which may create opportunities to contract with the federal government contractors might not have otherwise thought of. Notably, the rewrite makes clear contractors can discuss with the government innovative products, based on their independent R&D, and the government “should be willing to discuss it.”

Highlights: The rewrite deletes sections on intellectual property, data, insurance, government property, subcontracting, and publicizing requirements since these subjects are duplicative of guidance in other FAR parts. It also eliminates FAR 35.005, which had specific instructions for the content of a statement of work (SOW). Now, contractors and their government customers have more flexibility to define SOW structure, solutions, and deliverables. Furthermore, the rewrite deleted FAR 35.006 governing contracting methods and contract type. This deletion should allow contractors and agencies opportunities to find innovative acquisition vehicles for R&D work. The three new sections, Presolicitation, Evaluation and Award, and Postaward, do not contain new content, but putting relevant guidance under these sections that mirror the acquisition lifecycle organizes the rules logically.

Finally, there is a Practitioner Album that consists of a high-level summary, redline version of Part 35, and several “smart accelerators.” The smart accelerators focus on innovative acquisition strategies to keep pace with R&D activities. One smart accelerator highlights use cases for broad agency announcements. A second provides an overview of non-FAR based authorities like other transactions, Small Business Innovation Research/Small Business Technology Transfer programs, prize challenges, and Commercial Solutions Opening. This smart accelerator also shares examples of R&D acquisitions using these strategies. The Practitioner Album notes the flexibility these acquisition tools provide may help “attract fresh talent from industry, startups, and … nontraditional vendors.”  

FAR Part 36

Date: July 24, 2025

Overview: FAR Part 36 prescribes the policies and procedures for construction and architect-engineer services. The rewrite reduced the original Part 36 by more than 50 percent (from more than 9,600 words down to almost 4,400 words). The rewrite largely deleted detailed guidance in favor of general direction, substituted cross-references for descriptive text, and condensed content into fewer sections. FAR Part 36 now includes Presolicitation, Evaluation and Award, and Postaward sections.  

Bottom line: Although the rewrite produced a shorter Part 36, contractors who provide construction services to the federal government should expect much of the deleted content from the FAR to return in forthcoming Strategic Acquisition Guidance. The rewrite specifically notes that removed content can be found in “FAR Companion Guide (coming soon) and/or Category Buying Guide (coming soon).”

Highlights: Perhaps most notable in the rewrite is the removal of FAR requirements for the government to conduct site inspections during the solicitation phase and preconstruction conference after contract award. These activities are now discretionary. Construction contractors who find value in these activities may want to be proactive and ask their government customers to exercise this discretion.

Additional deletions include 

• specific evaluation requirements for architect-engineer contracts;
• the government’s requirement to disclose the magnitude of a project;
• contracting officers needing to specify a minimum portion of work the contractor must perform with its own workforce;
• contracting officers providing the contractor with such data as weather, transportation facilities, and methods used to develop drawings and specifications; and
• contractors delivering an organizational chart and names of personnel performing under the contract,

Two additions include

• a table to show required clauses for dismantling, demolition, or removal of improvements contracts; and
• a new Section 36.301 that outlines the contracting officer’s responsibilities in managing the contract.

The rewrite also includes a Practitioner Album that consists of a high-level summary, redline of Part 36, and several smart “accelerators.” These accelerators include a comparison between the design-build and design-bid-build approaches to buying construction, noting advantages and disadvantages of both. There are best practices for both a two-phase design-build acquisition and architect-engineer contracts. Another accelerator discusses how to conduct pre-award site visits (should the government conduct one) and how to incorporate the results when writing a solicitation, and the use of oral presentations, confidence ratings, and comparative evaluations (rather than issue ratings). Interestingly, the accelerator explains these latter practices are not limited to construction contracts and refers users to other Practitioner Albums discussing them.

FAR Part 37

Date: September 25, 2025

Overview: FAR Part 37 prescribes policy and procedures for the acquisition and management of services. 

Bottom line: The rewrite cut almost 2,500 words from the more than 5,800 in the original Part 37, though most will become part of the FAR Companion Guide. Contractors may note the emphasis on performance-based acquisition as a result of the rewrite, but otherwise should not be significantly impacted by any of the changes.

Highlights: The Part 37 rewrite makes performance-based acquisition its own subpart and explicitly instructs that it applies to commercial services acquired under FAR Part 12. The rewrite streamlines the definition of service contract and moves the illustrative list of the types of service agencies may acquire to the FAR Companion Guide. It likewise streamlines the definition of personal services and eliminates the six “descriptive elements” of a personal services contract previously set forth in Part 37.104(d). For advisory and assistance services (A&AS) contracts, the rewrite “clarifies” the types of A&AS agencies may contract for, explicitly noting management and professional support services; studies, analyses, and evaluations; or engineering or technical services.

A Practitioner Album consists of a high-level summary, line out to the original Part 37, and smart “accelerators.” The smart “accelerators” provide an overview of the types of services the government might acquire—e.g., maintenance, advisory and assistance, communications, and research and development—and direct users to GSA’s professional services governmentwide acquisition contracts. There are also resources from the Defense Acquisition University and the Periodic Table of Acquisition Innovations.

FAR Part 38

Date: August 14, 2025

Bottom line: FAR Part 38 previously established procedures for the Federal Supply Schedule. The rewrite moved its provisions to FAR Part 8. FAR Part 38 is now reserved for future purposes and contains no content.

FAR Part 39

Date: June 12, 2025

Overview: FAR Part 39 deals with information technology (IT) procurement, except for national security systems. The rewrite deleted the Scope, Definitions, and Privacy sections and removed reference to the rescinded OMB Circular No. A-127. It also created new Presolicitation, Evaluation and Award, and Postaward subparts and reorganized subject matter accordingly. For example, the rewrite placed Section 508 information in the Presolicitation subpart whereas before it was its own stand-alone subpart.

Bottom line: The proposed Part 39 changes may be significant for contractors. IT procurements have historically presented challenges for the federal government. Included on the website are several resources promoting buying practices that many government personnel, particularly inexperienced contracting officers, may adopt. Contractors would be wise to become familiar with those resources.

As for the actual changes to the FAR, more IT services contracts may include minimum education and experience requirements for contractor personnel, which may benefit those companies that hire and retain a highly experienced and educated workforce. Section 508 compliance, though not new, may be more of a priority given the word change to “must,” combined with a congressional mandate for agencies to assess their 508 compliance. Contractors selling information and communication technology (ICT) to the federal government should ensure their ICT meets 508 requirements or determine if an exception or exemption applies.

Highlights: The rewrite made a number of updates to Part 39.

• Renamed Part 39 Acquisition of Information and Communication Technology (ICT) from Acquisition of Information Technology.
• Added language to clarify that FAR Part 39 applied to acquiring ICT “faster” and to “new and emerging” ICT, text the original FAR Part 39 does not include.
• Changed the prohibition that agencies “must not” establish minimum education or experience requirements for contractor personnel to “should not.” Thus, agencies now have discretion to include such requirements in IT acquisitions.
• Deleted FAR 39.105, Privacy, as redundant with FAR 4.19, Basic Safeguarding of Covered Contractor Information Systems.
• Deleted the requirement to include the clause at 52.239-1, Privacy or Security Safeguards, as redundant with FAR 52.204-21, Basic Safeguarding of Covered Contractor Information Systems.
• Changed Section 508 compliance from “acquisitions for ICT supplies and services shall meet the applicable ICT accessibility standards” to “must meet.”
• Added a Practitioner Album, which consists of a high-level summary, redlined version of the original FAR Part 39, “accelerator” ideas for agencies to consider in buying IT, market research ideas when forming IT requirements, training opportunities, and a Practitioner’s Perspective on how to avoid vendor lock. The Practitioner Album is robust. It includes links to additional resources, such as exemplar solicitations, handbooks, and also links to other websites that have templates, handbooks, and additional tools on how to buy information technology.

FAR Part 40

Date: August 14, 2025

Overview: FAR Part 40 addresses broad security requirements concerning supply chain, information security, and information and communications technology.

Bottom line: The Part 40 rewrite reorganized the guidance into three sections: supply chain, security prohibitions, and safeguarding information. It added the security requirements originally found in Part 4 and combined clauses into new ones, but otherwise made no substantive changes. Notably, the rewrite for the first time resulted in an increase in text. FAR Part 40 now has more than 5,000 words, up from the original approximately 1,500.

Highlights: As noted above, the rewrite to Part 40 resulted in new sections specific to Kaspersky Lab, Chinese telecommunications systems and video surveillance, ByteDance, and Federal Acquisition Security Council Act orders originally in Part 4. The rewrite also added new sections related to prohibitions against doing business with Office of Foreign Assets Control-sanctioned entities, Sudan, and Iran, which were originally in FAR Part 25 (which is still awaiting rewrite).

Having moved guidance from Parts 4 and 25 to Part 40, the rewrite added four new clauses as described below:

• Deletes the following five representations and certifications and moves them to the new 52.240-90, Security Prohibitions and Exclusions Representations and Certifications
  - 52.204-24, Representation Regarding Certain Telecommunications and Video
  Surveillance Services or Equipment
  - 52.204-26, Covered Telecommunications Equipment or Services—Representation
  - 52.204-29, Federal Acquisition Supply Chain Security Act Orders—Representation and
  Disclosures
  - 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—
  Certification
  - 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications
• Deletes the following seven representations and certifications and moves them to the new 52.240-91, Security Prohibitions and Exclusions
  - 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed
  or Provided by Kaspersky Lab Covered Entities
  - 52.204-25, Prohibition on Contracting of Certain Telecommunications and Video
  Surveillance Services or Equipment
  - 52.204-27, Prohibition on a ByteDance Covered Application
  - 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts
  - 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition
  - 52.225-13, Restrictions on Certain Foreign Purchases
  - 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities.
• Creates the new 52.240-92, Security Requirements to replace the prior 52.204-2, Security Requirements
• Creates the new 52.240-93, Basic Safeguarding of Covered Contractor Information Systems to replace the prior 52.204-21, Basic Safeguarding of Covered Contractor Information Systems

Finally, a Practitioner Album consists of a high-level summary, redlines to the original Part 40, and smart “accelerators” on the importance of integrating security in acquisition planning with links to multiple resources on supply chain security, information security, and cybersecurity. Notable resources for contractor awareness include the Cybersecurity Supply Chain Risk Management Guide, GSA Vendor Security Assessment, and NIST Special Publication 800-161.

FAR Part 41

Date: September 25, 2025

Overview: FAR Part 41 concerns utility services acquisitions.

Bottom line: The Part 41 rewrite made minor changes to streamline existing text and improve clarity. The rewrite should have no impact on contractors.

Highlights: The rewrite updates the definition of utility services to expressly exclude “broadband internet, non-broadcast television, telecommunications services, information technology services, acquisitions of natural or manufactured gas when not purchased as utility services (i.e., when purchased as commodities), or acquisitions of rights in real property, acquisitions of public utility facilities, and on-site equipment needed for the facility's own distribution system, or construction/maintenance of Government-owned equipment and real property.” This new definition is to limit agencies’ use of Part 41 procedures to acquire “continuous service such as furnishing electricity, natural or manufactured gas, water, sewerage, thermal energy, chilled water, steam, hot water, or high temperature hot water.”

A Practitioner Album includes a high-level summary, line out to the original Part 41, a smart “accelerator” noting GSA’s authority to buy utility services, and a case study of NASA and DLA using a reverse auction to purchase electricity.

FAR Part 43

Date: June 12, 2025

Overview: FAR Part 43 is about contract modifications. The rewrite made two deletions, but otherwise made no substantive changes. Though the aim of the rewrite is to remove rules not required by statute, the revisions to FAR 43 retained such rules “to support uniformity across the Government.”

Bottom line: The proposed changes to Part 43 were minor and should have no impact to contractors.

Highlights: The rewrite deleted FAR 43.100(a), which stated modifications did not apply to orders placed under an umbrella agreement, such as an indefinite delivery contract. Now such orders, so long as they are placed in accordance with the terms of the umbrella agreement, are considered modifications. Notably, this is consistent with current contracting officer practice. The rewrite also deleted administrative steps in FAR Part 43 for contracting officers when definitizing a change order, such as establishing a suspense system, conducting a cost analysis when appropriate, and collecting required information when doing a field pricing review. A Practitioner Album includes a brief summary of the changes, a redlined version of FAR Part 43, and an accelerator that identifies Defense Acquisition University’s Contract Modification Authority Decision Help Guide as a tool to assist contracting officers execute contract modifications.

FAR Part 44

Date: September 4, 2025

Overview: FAR Part 44 contains guidance on consent to subcontracting and approval of purchasing systems. Subcontractors are defined as “any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.”

Bottom line: The Part 44 rewrite should have no significant impact on contractors, or subcontractors. Although the rewrite deleted almost 50 percent of the text, it is moving most of that text to the FAR Companion Guide.

Highlights: The Part 44 rewrite deletes original guidance to contracting officers that they should not refuse consent to subcontract because the subcontract gives the subcontractor a right to appeal a dispute. It also deletes the term “administrative contracting officer” or ACO as it is “no longer used as a designation;” “Contracting Officer” has been substituted throughout. Perhaps the most notable change for contractors and subcontractors is explicit direction not to apply to any subcontract or supplier agreement for “commercial products, commercial components, or commercial services a clause that is not listed in 52.244-6.” In addition, the Part 44 rewrite includes a reference of inapplicable laws to subcontracts for the acquisition of commercial products. As a result of these two changes, applicable flowdown requirements hopefully should be clearer for contractors and subcontractors. Finally, a Practitioner Album includes a high-level summary, line out to the original FAR Part 44, and a smart “accelerator” consisting of guidance from the Defense Contract Management Agency on reviews of a contractor’s purchasing systems.

FAR Part 45

Date: September 11, 2025

Overview: FAR Part 45 prescribes policies and procedures for providing Government property to contractors; contractors’ management and use of Government property; and reporting, redistributing, and disposing of contractor inventory.

Bottom line: The Part 45 rewrite should have no impact on contractors as there were no changes to Part 45’s provisions. As the Practitioner Album notes, Part 45 “has been retained with minimal deletions and minor updates made for plain language.”

Highlights: Although the rewrite decreased Part 45 by almost 300 words, most of the deleted text is moving to the FAR Companion Guide. For example, guidance concerning responsibility and liability for government property; solicitation instructions regarding property management, accountability, and use; and scrap procedures are no longer in the FAR but will be in the Companion Guide.

The Practitioner Album consists of a high-level summary, line out version of the original FAR Part 45, and smart “accelerators” that include training resources from the Defense Acquisition University. There is also a Practitioner Perspective that directs readers to the FAR Part 8 Practitioner Album as a reminder of “increased contractor access to government supply source[s].” Prudent contractors may wish to evaluate whether government supply sources will be beneficial to their sales strategies. 

FAR Part 46

Date: August 21, 2025

Overview: FAR Part 46 concerns quality assurance, and includes rules on inspection, acceptance, warranty, and other measures associated with quality requirements.

Bottom line: The Part 46 rewrite will have no significant impact on contractors. The rewrite consists of deletions of approximately 600 words of text, with no substantive additions and no reorganization of the guidance.

Highlights: The rewrite deletes policy guidance on contractor’s quality assurance systems in commercial acquisitions and use of other agencies’ quality assurance services when in the government’s best interests. Also deleted is language on contractor responsibilities, since those responsibilities are captured in contract clauses. Similarly, the rewrite deletes provisions summarizing contract rights and obligations of the government and contractors about inspections and testing of delivered supplies and services. The rewrite removes FAR 46.704, which provided that use of warranties required agency approval. The reason given for the removal was, “This language does not need to be included in the FAR.” Finally, a Practitioner Album provides a high-level summary, line out to the original FAR Part 46, and smart “accelerators” to help the parties have “real-time performance monitoring and collaborative oversight … to rapidly respond to changing requirements and potential challenges.” Accelerators include lessons learned from the Veterans Administration’s modernization of quality assurance surveillance tools and resources from the Defense Acquisition University.

FAR Part 47

Date: September 25, 2025

Overview: FAR Part 47 sets forth policies and procedures concerning the acquisition of transportation services, and transportation and traffic management considerations when acquiring supplies.

Bottom line: Although the Part 47 rewrite reduced Part 47 from 21,000 words to 13,000 words, the rewrite should not have a significant impact on contractors. Much of the text will be moved to the FAR Companion Guide, but the guidance otherwise did not change substantively. Notably, there are no structural changes to Part 47.

Highlights: The rewrite deletes any unnecessary definitions of such delivery terms as ex dock, pier, or warehouse, port of importation; cost and freight destination/origin; and free on-board designated air carrier’s terminal, as well as the contract clauses governing these terms. In addition, the rewrite moves to the FAR Companion Guide guidance on transportation insurance, transportation assistance, presolicitation planning, contract duration and time of performance, transportation officers, and cost determinations.

A Practitioner Album consists of a high-level summary, a line out to the original FAR Part 47, and several smart “accelerators.” The accelerators highlight best-in-class transportation contracts managed by the DLA and GSA that agencies should consider for transportation requirements. A second accelerator is a use case of how the Veterans Administration used a third-party payment system for its pharmaceutical shipments.

FAR Part 48

Date: August 28, 2025

Overview: FAR Part 48 deals with the policies and procedures regarding value engineering techniques in contracts. Value engineering is a way contractors may voluntarily suggest or be required to establish to submit methods for performing more economically.

Bottom line: The new FAR Part 48 should not have a significant impact on contractors. The rewrite deletes 70 percent of the text from the original Part 48, much of which will be moved to the forthcoming FAR Companion Guide but makes no substantive changes.

Highlights: The Part 48 rewrite deletes definitions for “Government costs,” “Negative instant contract savings,” and “Net acquisition savings,” as they are included in the clause at 52.248-1. The rewrite also deletes the two value engineering change proposals at FAR 48.101, guidance on calculating profit for value engineering change proposal savings, and sharing arrangements under a value engineering change proposal. Though deleted from the FAR, these provisions will be moved to a FAR Companion Guide. Finally, a Practitioner Album provides a high-level summary of the changes, a redlined version of the original Part 48, and smart “accelerators.” The “accelerators” are a DoD value engineering fact sheet, Department of Transportation Federal Highway Administration Construction Program Guide, and training resources from the Defense Acquisition University.

FAR Part 49

Date: August 21, 2025

Overview: FAR Part 49 explains the policy and procedures for terminating contracts early, whether for default or for the Government’s convenience.

Bottom line: The FAR Part 49 rewrite should have no significant impact on contractors. The rewrite did not add substantive content or reorganize sections. It did reduce Part 49 by 2,500 words by streamlining the text. For example, “minimize the impact on personnel” became “help employees.”

Highlights: The rewrite deletes guidance permitting contracting officers, when in the government’s interests, to assist prime contractors settle terminations with subcontractors. Such guidance will move to a FAR Companion Guide. Also moving to the FAR Companion Guide are guidance on the use of cost principles in termination settlements and guidance on replacing a terminated contractor with another contractor to complete any remaining work. Finally, a Practitioner Album consists of  a high-level summary of the changes, a line out to the original FAR Part 49, and smart “accelerators” that include a video from the DHS’s Procurement Innovation Lab on termination for convenience, resources on terminations from the Defense Acquisition University, termination checklists from the Defense Contract Audit Agency, and a Congressional Research Service report on contract terminations.

FAR Part 50

Date: August 1, 2025

Overview: FAR Part 50 implements 50 U.S.C. §§ 1531-1535, which authorizes certain agencies (including but not limited to the Departments of Homeland Security, Defense, Treasury, Transportation, and Interior and NASA) to award contracts without regard to other provisions of law related to making, performing, amending, or modifying contracts, whenever the President considers that such action would facilitate the national defense.

Bottom line: Since FAR Part 50 expressly implements statutory requirements, the rewrite consists almost entirely of plain language edits. Contractors should expect little impact as a result of the rewrite.

Highlights: The rewrite deleted requirements for executive agencies to coordinate when processing a contractor’s contract adjustment request. It also removed the need for a contracting officer’s decision memorandum disposing of a contract adjustment request to include a concise description of the supplies or services involved, the decision reached and cost, and the justification for the decision. Although the rewrite eliminated guidance for agencies to pre-qualify anti-terrorism technologies under the SAFETY Act, the Practitioner Album noted such guidance would be included in a companion guide instead. The Practitioner Album also included a high-level summary, a redline version of FAR Part 50, and a smart “accelerator,” which offers illustrative examples of extraordinary contracting.

FAR Part 51

Date: August 14, 2025

Bottom line: FAR Part 51 previously established procedures for contractor use of government supply sources and vehicle services. The rewrite moved its provisions to FAR Part 8. FAR Part 51 is now reserved for future purposes and contains no content.