
The Trump administration it has completed revisions to the Federal Acquisition Regulation in a way that “is returning the FAR to its statutory roots, rewritten in plain language, while removing non-statutory rules when they are not essential to sound procurement.”
“Under today’s action, agencies are authorized to immediately begin eliminating one-third of requirements from their future contracts that are not required by statute or executive orders and have little to do with contract outcomes. This deregulation, combined with more streamlined buying procedures, will make it easier for agencies to leverage commercially-available solutions, including the innovations of small businesses, to provide better, more cost-effective services to taxpayers,” said a White House announcement.
Some of the prior content in the FAR is being broken out into separate publications: a Companion Guide including” tips and other insights from experienced practitioners across the government on using the new streamlined FAR”; Practitioner’s Albums with “tested learning tools to accelerate adoption of innovative practices for getting better contract outcomes”; and a Category Guide of “practical advice from category managers for getting the most out of best-in-class and other preferred government-wide contracts.”
What the administration calls the “Revolutionary FAR Overhaul” followed an executive order criticizing it as too long, too complex and as imposing extraneous requirements. The order required that the FAR contain only provisions required by law or that are otherwise necessary to “support simplicity and usability, strengthen the efficacy of the procurement system, or protect economic or national security interests.”
In previewing the outcome, the GSA said that “there will be an adjustment period, and it might be uncomfortable . . . Instead of following step-by-step instructions, we’ll need to internalize the core principles of fair, efficient, and effective procurement.”
The Office of Federal Procurement Policy meanwhile directed agencies to use government-wide contracts rather than maintaining their own contracts. “New criteria will be created by OFPP to qualify as a “Best in Class” contract for mandatory use in ways that align with the Administration’s priorities, including the best deal for taxpayers. Where a best-in-class contract does not meet needs, the agency will be expected to consider other “preferred” governmentwide contracts,” the announcement said.
Other changes include eliminating “outdated requirements such as paper-based pricing lists and duplicative contract approvals”; consolidating information and supply chain security policies into a single FAR part; and making it easier for contractors to register and maintain registration in the Federal Government in the System for Award Management.
Further information is here.
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