Decoding the
FAR Overhaul

The Federal Acquisition Regulation (FAR) is undergoing significant revisions designed to streamline procurement processes and enhance efficiency within federal agencies. Recent Executive actions, including Executive Order 14275, “Restoring Common Sense to Federal Procurement,” have set the stage for a comprehensive overhaul of the Government’s acquisition system, with particular emphasis on the U.S. Department of Defense.

Our Decoding the FAR Overhaul site is tracking the “Revolutionary” FAR Overhaul and provides timely information on the overhaul process and the revised FAR Parts as they are posted to the Government’s FAR Overhaul website, ensuring that you are well-positioned to navigate the evolving regulatory landscape for federal acquisitions. Our Government Contracts Practice stands ready to advise contractors on the implications of the FAR Overhaul, how to learn about and adapt to the changing rules, and how to make their voices heard. 

Click a link to jump to one of the sections below:

Executive Order 14275
The FAR Overhaul
FAR Overhaul Approach
Strategic Acquisition Guidance
Key Takeaways on the RFO
Summary of Overhauled FAR Parts
FAR Part 1 (Federal Acquisition Regulations System)
FAR Part 6 (Competition Requirements)
FAR Part 10 (Market Research)
FAR Part 11 (Describing Agency Needs)
FAR Part 18 (Emergency Services)
FAR Part 29 (Taxes)
FAR Part 31 (Contract Cost Principles and Procedures)
FAR Part 34 (Major System Acquisition)
FAR Part 39 (Acquisition of Information and Communication Technology)
FAR Part 43 (Contract Modifications)

Executive Order 14275

On April 15, 2025, President Trump issued Executive Order 14275, “Restoring Common Sense to Federal Procurement,” initiating the most comprehensive overhaul of the Federal Acquisition Regulation (FAR) since its inception over 40 years ago. The Order identifies the current FAR as “an excessive and overcomplicated regulatory framework” that has resulted in “an onerous bureaucracy” and aims to transform it into a streamlined set of essential regulations. EO 14275 establishes a policy direction “to create the most agile, effective, and efficient procurement system possible” by directing that the FAR should contain “only provisions required by statute or essential to sound procurement.” The Order builds upon several other Trump Administration Executive Orders focused on deregulation across federal agencies and improving federal procurements.

The FAR Overhaul

EO 14275 initiated a “revolutionary” overhaul of the FAR. The Office of Federal Procurement Policy (OFPP) and the FAR Council, with the General Services Administration, have established a dedicated landing page on Acquisition.gov called the “Revolutionary FAR Overhaul” (RFO) website. This site serves as the central repository for revised FAR Parts as they are completed and includes:

• Links to “Latest News & Announcements”
• A feedback mechanism for each revised FAR Part through which stakeholders can provide feedback. The FAR Council won’t respond separately to the feedback but is expected to use it in developing the final FAR rules.
• Access to revised FAR Parts and agency deviations
• “Line out” documents showing text removed from original FAR Parts (but, notably, not the text added or revised within the Parts)
• Links to OMB and FAR Council deviation implementation guidance
• Placeholders for future “Buying Guides”
• Frequently Asked Questions and Answers

FAR Overhaul Approach

Timeline: EO 14275 sets an aggressive timeline – requiring the OFPP Administrator to work with the FAR Council to amend the FAR within 180 days (by October 13, 2025). Agencies were required to designate senior acquisition officials by April 30, 2025, and to identify FAR provisions inconsistent with the Order’s policy objectives.

Phased Implementation and a “Caveat”: The initiative employs a two-phase approach:

1. Immediate Implementation Through Class Deviations: The FAR Council issues model FAR deviation text on a rolling basis by FAR Part. Agencies are generally directed to issue agency-specific class deviations within 30 days of model text publication on the RFO website. The FAR Council also issued deviation guidance for agencies to follow.
2. Formal Rulemaking: Following issuance of all revised FAR Parts, the FAR Council will undertake formal rulemaking through the notice and comment process as required by 41 U.S.C. § 1707.

With the upload of revised FAR Part 10, the RFO website now also includes a “caveat” that the FAR Council-created deviations include clauses and provisions currently required by statute and Executive Order, but that OMB and the FAR Council will recommend statutory changes to Congress and suggest to the White House rescission of requirements stemming from Executive Orders that are inconsistent with the goals of Executive Order 14275 “to stop the inefficient use of American taxpayer dollars in federal procurement.” Any changes as a result of changes to Executive Orders or statutes will be reflected during the formal rulemaking process.

Strategic Acquisition Guidance

A key element of the RFO is moving non-statutory buying strategies out of the FAR and into OFPP-endorsed “buying guides.” These guides, together with the streamlined FAR, will be known as the Strategic Acquisition Guidance (SAG). According to GSA, the first buying guide will focus on Software-as-a-Service (SaaS) acquisitions, reflecting the Administration’s emphasis on modernizing technology procurement.

Key Takeaways on the RFO

• The RFO initiative represents the most significant transformation of federal procurement regulations in over four decades.
• The initiative provides a unique opportunity for contractors to provide feedback on the entirety of the FAR during both the deviation phase and formal rulemaking.
• Implementation through class deviations creates near-term uncertainty regarding which provisions apply to current and upcoming procurements.
• Contractors should prepare for potential contractual variability but may benefit from reduced administrative burdens in the long term.
• The initiative aims to better align federal procurement with commercial practices, potentially attracting new vendors to the federal marketplace.
• If you want a deep dive on the RFO rollout, you can get it here.

Summary of Overhauled FAR Parts

FAR Part 1 (Federal Acquisition Regulations System)

• Revised Guiding Principles: Emphasizes efficiency and empowers the acquisition workforce. For example, one new principle is that “the contracting officer must have the authority, to the maximum extent practicable and consistent with law, to determine how and when to apply rules, regulations, and policies on a specific contract.”
• Workforce Empowerment: Revised Part 1 counsels that “acquisition team members may assume that if a specific strategy, practice, policy, or procedure is in the best interests of the Government and is not addressed in the FAR, nor prohibited by law (statute or case law), Executive order or other regulation, then they are allowed to use the strategy, practice, policy, or procedure.”
• Sunset Provision: Establishes a four-year expiration date for all non-statutory FAR provisions unless renewed by the FAR Council.
• Streamlined Class Deviation Process: Simplified provisions for agency heads to authorize class deviations with removal of prior NASA and DOD-specific terms and exceptions.
• Revised Public Participation Terms: FAR Subpart 1.5’s provisions were replaced with a single sentence referencing 41 U.S.C. § 1707.
• Minor Changes to Former FAR Subparts 1.6 and 1.7: New Subpart 1.4 (Career Development, Contracting Authorities, and Responsibilities) and new Subpart 1.5 (Determinations and Findings) are similar to former Subparts 1.6 and 1.7.

FAR Part 6 (Competition Requirements)

At first glance, the revisions to FAR Part 6 appear dramatic as large swaths of text have been eliminated. Upon closer examination, however, the changes are not generally substantive. Rather, the part has been revised to be much more concise and use plainer language. Here is our take on the highlights of the revisions.

• Substantial Streamlining: The overhauled FAR Part 6 has been reduced from five subparts to three. The number of sections has been reduced from over 30 to under 20, representing a significant streamlining effort. The reorganized subpart structure is:
• Subpart 6.1 is renamed from “Full and Open Competition” to “Presolicitation.” This subpart includes the policy for full and open competition, full and open competition after excluding sources, other than full and open competition, and the justification and approval (J&A) requirements.
• Subpart 6.2 is “Reserved” (previously “Full and Open Competition After Exclusion of Sources”)
• Subpart 6.3 is renamed from “Other Than Full and Open Competition” to “Postaward” and now contains only the justification posting requirements.
• Original FAR Subpart 6.4, “Sealed Bidding and Competitive Proposals,” is now in overhauled FAR 6.101(b), and original FAR Subpart 6.5, Advocates for Competition, is now streamlined to two paragraphs in new FAR 6.003.
• Consolidated Set-Aside Provisions: All small business set-aside authorities previously detailed in separate sections (original FAR 6.203-6.208) have been consolidated into two sections:
• Overhauled FAR 6.102-2 now covers all small business set-asides, including Small Business Innovation Research and Small Business Technology Transfer (SBIR/STTR) programs and socioeconomic categories and refers to Part 19 for the details.
• Overhauled FAR 6.102-3 addresses set-asides for local firms during major disasters or emergencies and repeats the two categories of set-asides from 6.102-2 (SBIR/STTR and “specific small business socioeconomic categories”).
• Streamlined “Other Than Full and Open Competition” Authorities: The seven circumstances permitting other than full and open competition in FAR Subpart 6.3 (original FAR 6.302-1 through 6.302-7) have been renumbered and simplified (now 6.103-1 through 6.103-7), with clearer, more concise language, fewer prescriptive requirements, and removal of examples.
• Simplified Justification and Approval (J&A) Requirements:
• Justification content requirements (new FAR 6.104-1) have been streamlined but largely mirror original FAR 6.303-2 content requirements.
• Approval thresholds (new FAR 6.104-2) are now presented in a table format with four tiers: $750,000 or below (contracting officer); >$750,000-$15 million (M) (advocate for competition); >$15M-$75M (or $100M for DoD/NASA/Coast Guard) (head of procuring activity); and above $75M (or $100M for DoD/NASA/Coast Guard) (senior procurement executive).

• The requirement to post justifications publicly within specified time frames remains substantively the same, though reorganized into a cleaner format in new Section 6.301.

• Other Retained and Simplified Provisions: The overhauled part maintains the one-year limitation for contracts awarded under unusual and compelling urgency (6.103-2) but simplifies the documentation requirements and clarifies that exceptional circumstances determinations are separate from the J&A. The revised part distinguishes between brand-name descriptions (which preclude competition) and “brand-name or equal” descriptions (which provide for full and open competition), with clearer guidance on when justifications are required and a helpful example in FAR 6.103-5, “Authorized or required by statute,” of when an agency may have a need for a “brand-name commercial product for authorized resale (e.g., commercial products for resale through commissaries).”

• Practitioner Album Focused on Competition: The overhauled FAR Part 6 Practitioner Album explains that the streamlining of the part is intended to “strengthen clarity and focus, ensuring procedures that support full and open competition are easier to understand and apply.” It notes that contracting officers retain discretion to set aside contracts for small businesses but removes the “prescriptions around socioeconomic concerns.” It includes the usual line out document (that does not show “line ins”) and “Smart Accelerators.” Here, there are several useful modules on enhancing competition through early acquisition planning, the importance of crafting a “strong” J&A with a “practitioner’s tip” that includes “do’s and don’ts.” One such tip is to “prioritize mission priorities over legal technicalities” and to recognize that urgent and compelling circumstances are not limited to wartime, but include “delay [that] may result in serious injury, financial or otherwise to the government or other parties.” Another module addresses maximizing competition throughout the contract lifecycle by using “on/off ramping.” This module encourages acquisition professionals to build in on/off ramping to address changed market conditions (new providers or new products/services), particularly for multi-year IDIQ contracts and blanket purchase agreements. The module explains how to implement on/off ramping, the strategic impact (keeping the contract competitive by adding new vendors and removing under-performers and avoiding the need to initiate a new procurement as a result of market changes), and refers acquisition professionals to GSA’s Acquisition Gateway, an online platform for government acquisition programs, policies, initiatives and tools, for success stories and more information.

FAR Part 10 (Market Research)

• Structure Simplified: FAR Part 10 originally contained four sections: 10.000 Scope of part, 10.001 Policy, 10.002 Procedures, and 10.003 Contract clause. The revised version eliminates the separate “Policy” and “Procedures” sections, combining essential elements into a more streamlined “Market research requirements” section.
• Content Eliminated: Several detailed provisions have been removed, including:
  1. Policy statements about ongoing market research for contingency operations, defense against attacks, and disaster relief.
  2. Procedures for conducting market research, including specific techniques and methods.
  3. References to querying the governmentwide database of contracts.
  4. Instructions about reviewing systems like the System for Award Management (SAM) and Federal Procurement Data System (FPDS).
  5. Guidance on customary commercial practices and buyer financing.
  6. Requirements for consideration of sustainable products and services.
  7. Specific references to considering consolidation and bundling deemed redundant to FAR Part 7.
  8. Requirements related to consulting with small business specialists and SBA procurement center representatives.
• Simplified Market Research Requirements: Revised FAR 10.001 establishes straightforward requirements for market research: (1) Agencies must describe their “legitimate” needs; and (2) Agencies must conduct market research appropriate to the circumstances before developing new requirements documents, soliciting offers for acquisitions over the simplified acquisition threshold, and awarding task or delivery orders over the simplified acquisition threshold.
• New Language on Industry Engagement: New Part 10 adds FAR 10.001(c) stating: “Agencies should engage in responsible and constructive exchanges with industry.” It further clarifies that agencies may use different strategies and methods to gather information, provided they comply with existing law and regulation and do not provide unfair competitive advantages or violate procurement integrity requirements.
• Minimizing Information Requests: The revision maintains and strengthens the principle that agencies should not request more than the minimum information necessary from potential sources, moving this requirement to a more prominent position in section 10.001(d).
• Priority Order for Commercial Products and Services: New section 10.001(f) establishes a priority order for procurement decisions. Agencies must procure commercial products and commercial services “to the maximum extent practicable” and must use market research to determine, in the following order of priority, whether:
  1. A commercial product or commercial service on an existing governmentwide contract can meet the agency’s requirements;
  2. The requirements could be modified to use an existing governmentwide contract;
  3. A commercial product or commercial service is available from another source;
  4. A commercial product or commercial service could be modified to meet the agency’s requirements; or
  5. The requirement can only be satisfied by a nondevelopmental item.
• Documentation Requirements: The documentation requirement is simplified to state only that “[a]gencies must document the results of market research in a manner that suits the acquisition’s size and complexity,” removing more prescriptive language from the previous version.
• Associated FAR Part 52 Clauses: Revised FAR Part 10 maintains the requirement to include the clause at 52.210-1 for noncommercial acquisitions over $6 million, but now explicitly references the statutory basis for this requirement (10 U.S.C. 3453(c)).
• Practitioner’s Album: The RFO website added a “Practitioner’s Album” for FAR Part 10, containing:

1. A summary of FAR Part 10 changes
2. FAR Part 10 Line-out documentation
3. “Smart Accelerators” guidance on conducting market research
4. Practitioner’s perspectives on the value of industry engagement
5. Links for the federal acquisition workforce for continuous learning

FAR Part 11 (Describing Agency Needs)

• Significant Revisions: The overhauled version of FAR Part 11 eliminates vast swaths of the prior FAR part. According to the Practitioner Album for the overhauled Part, the changes (i) “emphasize clear, mission driven, and performance-based requirements,” “[e]mphasize[] using commercial terms and practices to describe agency needs whenever possible,” and “avoid unnecessary detail that could limit the pool of capable offerors.” As a result of the changes, the Part is substantially renumbered as well.  Examples of partially removed or completely eliminated text include:
  1. Removes FAR 11.102(g) mandating that requirements documents reference technical capabilities in the USGv6 Profile (NIST SP 55-267) unless the agency Chief Information Officer waived the requirement.
  2. Removes the order of precedence for requirements documents in FAR 11.101.
  3. Removes examples of “market acceptance” in prior FAR 11.103 and new FAR 11.203.
  4. Removes the policy from FAR 11.301 that prohibited agencies from requiring materials or supplies composed of “virgin material.”
  5. Eliminates FAR 11.104 regarding use of brand name or equal purchase descriptions for requirements, presumably relying on the text of new FAR 11.204 regarding items peculiar to one manufacturer (which was former FAR 11.105).
  6. Eliminates FAR 11.106 regarding purchase descriptions for service contracts.
  7. Eliminates FAR 11.107 that had the solicitation provisions to implement FAR Subpart 11.1, thereby also eliminating FAR 52.211-6, Brand Name or Equal, and FAR 52.211-7, Alternatives to Government Unique Standards (marked as “reserved” in the new and evolving FAR Part 52).
  8. The entirety of FAR Subparts 11.2, Using and Maintaining Requirements Documents, is eliminated, including all implementing FAR clauses in FAR 11.204 and thus FAR 52.211-1 through -4 (all marked as “reserved” in new FAR Part 52).
  9. The entirety of FAR Subpart 11.4, Delivery or Performance Schedules is eliminated including all implementing FAR clauses in FAR 11.404 and thus FAR 52.211-8 through -10 (marked as “reserved” in new FAR Part 52).
  10. The entirety of FAR Subpart 11.7, Variation in Quantity, is eliminated, including all implementing FAR clauses in 11.703 and thus FAR 52.211-16 through -18 (again marked as “reserved” in new FAR Part 52).
  11. FAR Subpart 11.8, albeit only one provision at FAR 11.801, is eliminated.
• Commercial Products and Services Emphasized: Consistent with the Administration’s Executive Orders promoting commercial item acquisitions, the revised market acceptance criteria in renumbered FAR 11.203 streamlines the criteria to demonstrate that a commercial item meets the agency’s minimum needs and eliminates documentation requirements.
• Retained Unchanged: FAR Subpart 11.5, now at new FAR Subpart 11.4, regarding liquidated damages is retained in full, as is FAR Subpart 11.6 (now FAR Subpart 11.5) regarding priorities and allocations.

FAR Part 18 (Emergency Services)

• Simplified Structure: FAR Part 18 has been reduced to just two sections: 18.000 (Scope of part) and 18.001 (Emergency acquisitions), eliminating multiple subparts and detailed requirements.
• Content Eliminated: The overhauled version removes procedural guidance previously contained in the part, including: (i) definitions and procedures for different emergency authorities; (ii) specific contracting methods and techniques for emergency situations; (iii) extensive documentation and approval requirements; and (iv) separate treatment of contingency operations versus other emergencies.
• Flexibility-Based Approach: Revised Section 18.001(a) directs contracting officers to “use the flexibilities included in the FAR to respond quickly for an emergency or urgent need” and references a website called the “Emergency Procurement List” for available flexibilities (many of which were previously in the text of FAR Part 18).
• Streamlined Threshold Guidance: Section 18.001(b) consolidates guidance on micro-purchase and simplified acquisition thresholds by referencing FAR Part 2 definitions and listing five circumstances where thresholds may be raised: (i) supporting contingency operations; (ii) defending against or recovering from various attacks; (iii) supporting international disaster assistance; (iv) supporting emergency or major disaster response; and (v) supporting humanitarian or peacekeeping operations outside the United States.
• Commercial Product or Commercial Service Treatment: New Section 18.001(d) provides authority to treat any acquisition as commercial when the agency head determines the acquisition is to be used to help defend against or recover from cyber, nuclear, biological, chemical, or radiological attack.
• Local Preference: Section 18.001(e) maintains the requirement for award preference to local organizations when contracting for major disaster or emergency assistance under Stafford Act declarations, but removes detailed implementation procedures.
• Wavier of Ocean Transportation by U.S. Flag Vessels: Section 18.001(f) states that Cargo Preference Act provisions may be waived in emergency situations.

FAR Part 29 (Taxes)

Overhauled FAR Part 29 stresses the importance of contracting officers (COs) proactively seeking cost savings for the Government relating to taxes by structuring solicitations to account for exemptions. It also removes outdated content following the expiration of the Status of Forces Agreement for Afghanistan in 2021. The most substantive revisions add two new requirements for COs to request assistance from assigned legal counsel when tax issues arise (revised FAR 29.101) and to request offers on a tax-exclusive basis when the law exempts the Government from federal excise taxes, unless inappropriate for the circumstances (revised FAR 29.201(b)).  Previously, both were encouraged but not required. 

• Substantial Streamlining: Overhauled FAR Part 29 has been reduced by approximately 20% in word count and focused on a plain language rewrite. Subpart 29.3 has been reorganized and renumbered, and the rules for North Carolina Sales and Use Tax Act have been elevated to a standalone section under Section 29.303.
• Content Eliminated: The overhauled version removes FAR 29.304, FAR 29.402-4, and the definitions of North Atlantic Treaty Organization Forces and U.S. Forces in Afghanistan (because of the expiration of the Afghanistan SOFA).  
• Content Retained: The overhauled version retained statutory requirements in solicitation provisions that are tied to specific tax law such as:
  • FAR 29.201, Federal Excise Taxes, which implement the Imposition of Tax under 26 U.S.C. § 4041.
  • FAR 29.202, General exemptions for Federal manufacturers’ or special-fuels excise taxes, which implement Certain Tax Free Sales under 26 U.S.C. § 4221, Exemptions under 26 U.S.C. § 4053, and the Gas Guzzler Tax under 26 U.S.C. § 4064.
  • FAR 29.203, Other Federal tax Exemptions, which implements the Tax Exemptions under 26 U.S.C. § 4293 and § 4483.
  • FAR 29.204, Federal excise tax on specific foreign contract payments, which implement the Imposition of Tax on Certain Foreign Procurement under 26 U.S.C. § 5000C.
  • FAR 29.402-3, Tax on certain foreign procurements, and its provision at FAR 52.229-11 for all solicitations using Part 12 procedures unless an enumerated exemption applies. This implements the Transportation of Humanitarian Relief Supplies to Foreign Countries under 10 U.S.C. § 402, Foreign Disaster Assistance under 10 U.S.C. § 404, Domestic Emergency Assistance under 10 U.S.C. § 2557, and Humanitarian Assistance under 10 U.S.C. § 2561.
• Practitioner Album focused on obtaining cost savings for the government:  The overhauled FAR Part 29 Practitioner Album explains that “FAR Part 29 stresses the importance of proactively seeking cost savings for the government by structuring solicitations to account for known exemptions.”  The streamlining also sought to make complex statutes governing tax regulations more “direct, active, and accessible.”

FAR Part 31 (Contract Cost Principles and Procedures)

• Minimal, If Any, Substantive Changes: The overhauled FAR Part 31 changes little, if any, substance. The accompanying GSA Class Deviation highlights a 1,300 word-count reduction, but that amounts to less than 5% of the lengthy Part 31.  Roughly half of this reduction comes from removing definitions from FAR 31.001 and the objectives in FAR 31.101.  
  • Reorganized Section on Advance Agreements: At first glance, the Advance Agreement provisions (moved from FAR 31.109 to FAR 31.110) appear to show the most sweeping changes. But these revisions are largely organizational. The new FAR 31.110 continues to recommend advance agreements for the same purpose, with the same examples listed, with the same substantive and procedural requirements, and with the same caveat on the CO’s authority to agree to a treatment inconsistent with FAR Part 31.
  • New Cross-References to Part 42: The overhauled version also adds a new section on indirect cost rate certifications and penalties for unallowable costs (now FAR 31.109), but that new section merely references the existing regulations in FAR Part 42.
  • Slight Tweaks to Established or Otherwise Clearer Terms: The lack of substantive changes is likely a comforting result in this part of the FAR, which is based heavily on statutes and informed by decades of precedent. Indeed, some of the new wording choices, although likely intended to be superficial, may leave experienced practitioners pondering whether the overhauled version means something different. For example, in the revised description explaining when a cost is reasonable, in its nature and amount, the new version replaces the “prudent person” with a “reasonable person.” The effort to find and replace every “shall” with “must” also reads awkwardly at times when used in the negative. For example, the revised FAR 31.202 now provides that “[n]o final cost objective must have allocated to it as a direct cost any cost, if other costs incurred for the same purpose in like circumstances have been included in any indirect cost pool . . .” Finally, the revised version slashed phrases that could suggest the new rules promote more of a binary outcome. For example, the revised FAR 31.205-36 explains that rental costs under operating leases are now allowable only “when,” rather than “to the extent that,” the rates are reasonable. 

FAR Part 34 (Major System Acquisition)

• Reduced Administrative Requirements: Eliminated the requirement for written acquisition strategies by program managers.
• Simplified Procedures: Removed sections detailing competition, mission-oriented solicitation, and various contract types.
• Streamlined Process: Eliminated procedures for concept exploration, demonstration, full-scale development, and full production.

• Associated FAR Part 52 Clauses: Eliminated provisions include FAR 52.201-1 (Acquisition 360: Voluntary Survey), FAR 52.234-2 (Earned Value Management System Preaward Integrated Baseline Review), and FAR 52.234-3 (Earned Value Management System Postaward Integrated Baseline Review). FAR 52.234-1 (Industrial Resources Developed Under Title III of the Defense Production Act) is retained, but its numbering is inconsistently noted and FAR 52.234-4 (Earned Value Management System) remains unchanged.

FAR Part 39 (Acquisition of Information and Communication Technology)

• Clarification of Scope: The revised Part 39 has been renamed from “Acquisition of Information Technology” to “Acquisition of Information and Communication Technology.” According to the accompanying Practitioners Guide, the scope has been clarified to include not only “information and communication technology (ICT),” but also “new and emerging technologies” as well as “Internet of Things” (referred to in the revised rule as “supplies and services that use ICT”). The revised part also includes language that “emphasizes strategies that promote faster acquisition and secure deployment of technology refreshment techniques.”
• Restructured Content: The revised Part 39 has been restructured to address three phases in the acquisition of ITC:
  • The Pre-Solicitation phase, which addresses requirements related to “Management of risk” (significantly streamlined compared to the current version); use of “Modular contracting” (required by statute and largely the same); prohibition on use of labor category qualifications when acquiring “Information technology services” (now discretionary); and criteria for applying “accessibility standards” under Section 508 (also required by statute and largely the same); and
  • The Evaluation and Award phase as well as the Post-Award phase, both of which address agencies’ assessment of Section 508 compliance.
• Deleted Content: The revised Part 39 deletes a number of provisions that are obsolete, are not required by statute, or are to be addressed elsewhere in the FAR or other non-regulatory guidance (e.g., Practitioners Albums, Buying Guides), including:
  • FAR 39.105 (Privacy) and FAR 52.239-1 (Privacy or Security Safeguards) have been deleted as outdated and redundant with the requirements in FAR Subpart 4.19, Basic Safeguarding of Covered Contractor Information Systems;
  • Prohibitions imposed under FAR Subparts 4.20 (Kaspersky prohibition), 4.21 (Section 889 prohibition), 4.22 (prohibition on ByteDance), 4.23 (FASCA orders), and FAR Part 40 (Information Security and Supply Chain Security) have all been deleted from Part 39 as redundant; and
  • References to OMB Circular No. A-130, “Managing Information as a Strategic Resource” (to be addressed in non-regulatory guidance) as well as OMB Circular A-127, “Financial Management Systems” (outdated) have been deleted.
• Practitioners Album: Finally, the revised Part 39 is accompanied by a “Practitioners Album” which includes a line-out and summary of the changes made in the revised Part 39, as well as additional guidance and best practices for the acquisition of ITC.

FAR Part 43 (Contract Modifications)

• Simplified Structure: FAR Part 43 is modestly revised. It retains its four-subpart structure but with relatively minor adjustments focusing on essential modification procedures and authorities.
• Content Eliminated: The overhauled version generally removes commentary on contractor accounting systems and streamlines the process for change order documentation, primarily by eliminating guidance for “field pricing reviews” in new FAR 43.304
• Core Features Retained: Although the part is renumbered, many of the key provisions are retained. For example, FAR 43.201 retains the definition of an “administrative change,” the types of changes (bilateral and unilateral) in overhauled FAR 43.203 are the same, the policy that only contracting officers may execute modifications persists in FAR 43.202, notice requirements are retained in FAR 43.204, and the requirement that funds must be available is retained in FAR 43.205.
• Changes Clauses Retained: Section 43.305 maintains the full suite of Changes clauses (52.243-1 through 52.243-6) with their various alternates for different contract types, reflecting their importance to contract administration.
• Contract Modification Authority Decision Help Guide: The Smart Accelerators portion of the Practitioner’s Album for Part 43 includes a decision tree to assist contracting officers in determining the authority for a change and completion of the retained Standard Form (SF) 30.