Formal Revolution: FAR Council Releases Proposed Formal Rules to Start RFO Rulemaking Process

Posted on by

The FAR Council has released its first batch of proposed rules to amend the Federal Register to implement the changes to the Federal Acquisition Regulation (FAR) to implement the executive order on Restoring Common Sense to Federal Procurement. In this post, we will provide an overview of how the RFO is being implemented as part of the formal rulemaking process. Overall, the proposed regulation seems to follow the vast majority of the proposed language that was already issued under the RFO. We’ve discussed some of those changes in past blog posts. For background, our earlier posts regarding various aspects of the RFO can be found here: Executive Order, Overview of FAR 2.0, FAR Part 6, FAR Part 19 and the Once 8(a) Rule under Part 19, FAR Part 12, FAR Part 15, FAR Part 33, . But this post notes some changes as compared to the original version of the RFO.

Structure of the Proposed Rule

“The FAR Council is issuing twelve proposed rules that collectively will streamline the FAR in its entirety.” The first four proposed rules were published on June 23, 2026. Each proposed rule cover two or more parts of the FAR, as shown below:

So, revisions to other parts will be released in separate portions of Federal Register proposed rule language.

Comments

Comments are due 30 days from date of publication, which is scheduled for June 23, 2026. Comments on this batch of updates would be due Thursday, July 23, 2026.

Purpose

We have written about the purpose and structure of the RFO on SmallGovCon. However, the proposed rule again summarizes the goals of revising the FAR.

It notes that the RFO involves a “significant reduction of unnecessary mandates [that] is intended to clarify and reinforce the contracting officer’s discretion.” In addition, “plain language efforts include changes to active voice, edits to improve readability, and reorganization to present information more logically.” But the no “plain language edits are intended to change existing FAR requirements.” The FAR is replacing the term “shall” with “must” or “will.” There are also updates to all cross-references.

One main goal of the RFO was to retain only “provisions that are required by statute or that are otherwise necessary to support simplicity and usability, strengthen the efficacy of the procurement system, or protect economic or national security.” So, all regulations with a statutory basis were to be retained, along with “non-statutory requirements that further one or more of the elements of sound procurements.” Helpful information was moved to non-regulatory resources such as the FAR Companion, “which provides insight from experienced practitioners across the government on using more streamlined practices and processes.”

The RFO focuses on discretion. “RFO rules propose to eliminate mandates that unnecessarily interfere with agency discretion to determine the best way to procure products and services. The proposed RFO rules highlight more clearly streamlined and simplified authorities that allow buyers to use their time more efficiently and are expected to reduce time between solicitation and award.”

The RFO “continues to promote competition, recognizing it as a vital mechanism for driving innovation, achieving better value, while prioritizing participation of domestic suppliers to foster a resilient and competitive American industrial base. Finally, it encourages innovation, urging agencies to explore and adopt new technologies, processes, and approaches that can lead to more efficient, effective, and transformative outcomes in government contracting.”

Regulatory Sunset

The rule will include a new section that “establishes a process to review sections, provisions and clauses in the FAR, and identify those policies that are no longer required or are outdated and can be removed from regulation through rulemaking.” As part of that process, the FAR Council plans to issue a “future proposed rule at regular timed increments requesting public input on policies that should be reviewed and considered for sunset.”

Notable Changes in FAR Parts 1, 2, 4, 33, 39, 40, 52, and 53.

Interestingly, the commentary preceding the proposed rules does not have a significant list of changes as compared to the original publication of the RFO. We interpret that to mean that the rules in the Federal Register are similar to those published on the RFO site. Here are some changes or language that drew our attention.

  • “This rule proposes to change the meaning of the acronym ‘MAC’ from ‘multi-agency contract’ to mean ‘multiple-award contract’.” That is a helpful change that eliminates some confusion.
  • A new acronym list. “This rule proposes to add a new subpart 2.102, Acronyms, and abbreviations. The list of acronyms and abbreviations will be located at https://www.acquisition.gov/​far-acronyms.” This will provide a centralized listing of acronyms.
  • Reduce SAM Reps and Certs. “Proposed changes to FAR part 4 include streamlining the registration process in SAM by only having entity level representations and certifications in SAM. Representations and certifications that are procurement-specific . . . or completed by submission of an offer will be removed from SAM and used in solicitations . . . .”
  • Agency protests encouraged. For protests that request “independent review by an official at a level above the contracting officer,” the protester can receive “a redacted copy of the agency’s final technical evaluation of the protester’s proposal and a redacted copy of the source selection decision” and can “raise additional protest grounds, within a reasonable time set by the independent review official.” The goal is “to build confidence in agency protests, and resolve more protests at the agency level.”
  • The proposed rule at Part 40 would incorporate various other proposed rules dealing with cybersecurity, Controlled Unclassified Information, Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment, Federal Acquisition Supply Chain Security Act of 2018, and others.
  • Renumbering of clauses: “As a result of the RFO, the FAR Council is considering establishing a new FAR subpart in part 52, and relocating and renumbering all provisions and clauses under this new subpart. This means, if subpart 52.4 was used, all provisions and clauses would begin with 52.4 instead of 52.2.”
  • Subcontract flow-downs. “This proposed rule, if finalized, would revise the subcontract paragraphs in these clauses to clearly state whether the clause flows down to commercial subcontracts, as outlined in the table” included in the rule.

We at SmallGovCon will continue to review these proposed changes and highlight any specific items that contractors should pay special attention to. Be sure to review and comment on these proposed changes if you have concerns about them.

Questions about this post? Email us. Need legal assistance? Give us a call at 785-200-8919.

Looking for the latest government contracting legal news? Sign up for our free monthly newsletter, and follow us on LinkedIn, Twitter and Facebook.