Policy Does Not Thrive Under Assumptions
With the unrelenting pace of the Revolutionary FAR Overhaul, such as the aggressive 180-day timeline, deviations ahead of the public rulemaking process, mounting TBD supplemental guidance, and an ad hoc approach to determining which sections will be reviewed next, it’s becoming increasingly difficult to determine what to review, understand, prepare for, or even be concerned about. However, above all else, with each new iteration, I'm growing more concerned about the assumptions that the community (both agency contracting offices and industry) is being forced to make as we collectively attempt to adapt our operational models. Here are a few notable examples:
The FAR Rulemaking Process Is Erased: FAR Subparts 1.2 and 1.5, addressing the roles of the FAR Council and public participation in rulemaking, have been deleted. Is this content being relocated elsewhere within the FAR or will it be captured in external guidance? We're left to assume the intent.
Competition Requirements for Major System Acquisitions Are Gone: FAR Part 34.1, requiring full and open competition for major system acquisitions—a statutory requirement under the Competition in Contracting Act (CICA)—has been removed. Is this deletion due to redundancy with FAR 6.1, or does it signal an openness to more noncompetitive procurements? Interpretations vary significantly.
Small Business References Removed from Market Research: Notably, the explicit requirement to conduct market research for small business set-aside determinations has been removed. Although set-aside requirements are still addressed in FAR Parts 7 and 19, will these sufficiently ensure early-stage small business market research? Perhaps this detail will appear in the upcoming buyer guidance. As a new small business owner, clarity here is critical.
Without clear visibility into the broader strategic vision, these changes feel increasingly like answers without context—answers for which we do not yet understand the questions. I genuinely hope forthcoming guidance and additional FAR revisions clarify these ambiguities. Until then, this piecemeal approach to releasing significant policy shifts without adequate context is creating confusion rather than clarity, making the already challenging procurement landscape even more difficult.
