FAR 2.0 Update: Part 12 – Acquisition of Commercial Products and Commercial Services

Many federal contractors have heard about the revamping of the Federal Acquisition Regulation. Variously called FAR 2.0, the Revolutionary FAR Overhaul, or simply RFO, this project has been undertaken by the Office of Federal Procurement Policy (OFPP) and the Federal Acquisition Regulatory Council (FAR Council). An executive order got the ball rolling, setting forth the mandate to create FAR 2.0 by October 12, 2025. We wrote about it in our earlier post, and described it as two parallel tracks. Track 1 involves a rewrite into “plain language” and removing non-statutory and unnecessary content. Track 2 involves the development of the non-mandatory guidelines to guide procurement officials.

Our earlier posts regarding the RFO can be found here: Executive OrderOverview of FAR 2.0FAR Part 6, FAR Part 19.

The revision of the FAR sections has continued over the past few months, with additional proposed revisions being released through September 2025. In this post, we’ll review one proposed revision that seems to make some significant changes to the language: Part 12 – Acquisition of Commercial Products and Commercial Services.

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FAR Overhaul Webinar: What to Expect from FAR 2.0 on October 21, hosted by GT (Georgia Tech) APEX Accelerators

Please join me, Shane McCall, on October 21 at 12:00pm EDT as I discuss the important new developments for the revolutionary FAR overhaul. GSA has described the FAR overhaul as taking things down to the studs and that it will function like a wobbly bicycle at the start. This presentation will discuss the executive order outlining the FAR overhaul and the goal to “remove most non-statutory rules.” It will work through the various updates, the line out, and the change summary. 

Discussion Topics include

  • FAR Part 19 small business changes.
  • What is staying the same? 
  • What is changing? 
  • What is the base FAR versus the contractor supplements?

Please register here. (Registration deadline October 20, 2025, 8:00am EDT.)

FAR 2.0 Update: Small Business Rule of Two Lives on in Part 19 – Small Business

Many federal contractors have heard about the revamping of the Federal Acquisition Regulation. Variously called FAR 2.0, the Revolutionary FAR Overhaul, or simply RFO, this project has been undertaken by the Office of Federal Procurement Policy (OFPP) and the Federal Acquisition Regulatory Council (FAR Council). An executive order got the ball rolling, setting forth the mandate to create FAR 2.0 by October 12, 2025. We wrote about it in our earlier post, and described it as two parallel tracks. Track 1 involves a rewrite into “plain language” and removing non-statutory and unnecessary content. Track 2 involves the development of the non-mandatory guidelines to guide procurement officials.

Our earlier posts regarding the RFO can be found here: Executive OrderOverview of FAR 2.0FAR Part 6, FAR Part 8.

The revision of the FAR sections has continued over the past few months, with additional proposed revisions being released throughout 2025. In this post, we’ll review one proposed revision that seems to make some significant changes to the language: Part 19 – Small Business. A key takeaway is the FAR will retain the small business rule of two.

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FAR 2.0 Update: Part 8 – Required Sources of Supplies and Services

Many federal contractors have heard about the revamping of the Federal Acquisition Regulation. Variously called FAR 2.0, the Revolutionary FAR Overhaul, or simply RFO, this project has been undertaken by the Office of Federal Procurement Policy (OFPP) and the Federal Acquisition Regulatory Council (FAR Council). An executive order got the ball rolling, setting forth the mandate to create FAR 2.0 by October 12, 2025. We wrote about it in our earlier post, and described it as two parallel tracks. Track 1 involves a rewrite into “plain language” and removing non-statutory and unnecessary content. Track 2 involves the development of the non-mandatory guidelines to guide procurement officials.

Our earlier posts regarding the RFO can be found here: Executive Order, Overview of FAR 2.0, FAR Part 6.

The revision of the FAR sections has continued over the past few months, with additional proposed revisions being released in September 2025. In this post, we’ll review one proposed revision that seems to make some significant changes to the language: Part 8 – Required Sources of Supplies and Services.

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FAR 2.0 Update: Part 6 – Competition

Many federal contractors have heard about the revamping of the Federal Acquisition Regulation. Variously called FAR 2.0, the Revolutionary FAR Overhaul, or simply RFO, this project has been undertaken by the Office of Federal Procurement Policy (OFPP) and the Federal Acquisition Regulatory Council (FAR Council). An executive order got the ball rolling, setting forth the mandate to create FAR 2.0 by October 12, 2025. We wrote about it in our earlier post, and described it as two parallel tracks. Track 1 involves a rewrite into “plain language” and removing non-statutory and unnecessary content. Track 2 involves the development of the non-mandatory guidelines to guide procurement officials.

The revision of the FAR sections has continued over the past few months, with the most recent proposed revisions being released on September 4, 2025. In this post, we’ll review a proposed revision that seems to make some significant changes to the language: Part 6 – Competition Requirements.

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GovCon FAQs: Can I Ask the Government to Participate in ADR?

Why yes, yes you can! In fact, there is a little known provision of the Federal Acquisition Regulations (FAR) that speaks directly to a contractor’s right to request government participation in Alternative Dispute Resolution (ADR) for any contracting “issue in controversy.” And as long as the four essential elements of ADR stated therein are met, a contracting officer must either agree to such ADR or provide a written explanation with cited statutory or legal authority for rejecting the request.

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Back to Basics: Brand Name or Equal

In some circumstances, it is in the best interest of the government customer to require a specific item made by a specific manufacturer. Though it doesn’t use this technique often, the government can achieve this by soliciting the contract using a “brand name or equal” basis. But the government can’t just decide that it wants a Hoover over a Bissel vacuum. No, there is a process that must be followed, and circumstances must warrant such a requirement.

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