Niche News

War Department requests industry input for Phase 2 of Revolutionary FAR Overhaul after issuing Phase 1 deviations

Interesting: 0/0 • Support: 0/0Log in to vote

Key takeaways

  • The War Department released a letter directed to the defense industrial base and acquisition stakeholders.
  • The letter announces issuance of 'Revolutionary FAR Overhaul Phase 1' class deviations.
  • The Department is requesting substantive input from stakeholders to help shape Phase 2 regulatory reforms.
  • The announcement frames the effort as a multi‑phase overhaul of the Federal Acquisition Regulation.

Follow Up Questions

What is the "Revolutionary FAR Overhaul" and which parts of the Federal Acquisition Regulation does it target?Expand

The "Revolutionary FAR Overhaul" (RFO) is a government-led, comprehensive rewrite and simplification of the Federal Acquisition Regulation intended to return the FAR to its statutory roots, rewrite it in plain language, remove non‑statutory rules, and provide non‑regulatory buying guides. It is led by OFPP and the FAR Council (DoD, GSA, NASA) under Executive Order(s) and OMB guidance. The effort targets the whole FAR (Parts 1–53) through phased, part‑by‑part model deviations and agency deviations; Phase 1 class deviations have covered many individual FAR parts (see acquisition.gov and DoD deviation lists).

What is a "class deviation" under the FAR and how does issuing a Phase 1 class deviation affect existing contracts or procurement rules?Expand

A FAR "class deviation" is an agency authorization to depart from FAR requirements that applies to more than one contract action (FAR Subpart 1.4). Class deviations let an agency apply alternative clauses, provisions or procedures across multiple procurements; if the deviation needs to be permanent the agency should propose an FAR revision. Class deviations do not automatically rewrite signed contracts — they apply prospectively or by modifying solicitations/contracts where authorized (contracting‑officer modifications); agencies have issued RFO Phase 1 class deviations to allow broad, multi‑contract implementation while the FAR is being overhauled.

Who is included in the term "defense industrial base" and which organizations qualify as "acquisition stakeholders" for this request?Expand

"Defense industrial base" generally means the universe of firms and organizations that design, produce, maintain, or support defense systems and services — primes, subcontractors, suppliers, defense‑focused small businesses, FFRDCs and research partners. "Acquisition stakeholders" is broader: the acquisition workforce (contracting officers, program offices), industry (primes, small businesses, trade associations), other federal agency acquisition policy offices (OFPP, GSA, DoD), and non‑government partners who buy, sell, or influence defense procurement. (The RFO outreach letters are directed to these industry and acquisition communities.)

How will the Department of War use the substantive input it receives to draft Phase 2 reforms (e.g., public notices, working groups, rulemaking)?Expand

The Department will use stakeholder input to inform drafting of Phase 2 regulatory changes through the established RFO process: publishing model/agency deviations and line‑outs, using practitioner (non‑regulatory) guidance, and following formal rulemaking channels overseen by the FAR Council/OFPP. DoD has been posting class deviation text, line‑outs, and companion materials and will coordinate further rulemaking (e.g., proposed FAR revisions) as part of the FAR Council/OFPP process and agency rulemaking/public notices.

Is there a deadline or submission process described for stakeholders to provide input on Phase 2?Expand

The War Department letter and public RFO resources instruct stakeholders to submit substantive input, but the publicly posted DFARS/OFPP pages generally give submission channels (OFPP mailbox and agency contact points) rather than a single universal due date; some RFO materials list specific comment periods for particular notices. For concrete submission instructions and any deadlines stakeholders should use the RFO pages and the OFPP mailbox (MBX.OMB.OFPPv2@OMB.eop.gov) or the DoD DPCAP class deviations page for DoD‑specific guidance — the announcement itself should be checked for any part‑specific deadlines.

Which office or official within the Department of War is managing the FAR overhaul effort and where can stakeholders find more information?Expand

DoD's effort is managed through the Office of Federal Procurement Policy (OFPP) in coordination with the FAR Council and, for DoD implementation, the Principal Director for Defense Pricing, Contracting, and Acquisition Policy (DPCAP) / Defense Pricing, Contracting and Acquisition Policy office. Stakeholders can find official RFO materials and contact points on acquisition.gov's RFO page and the DoD DPCAP/DFARS class deviations page.

What kinds of regulatory or incentive changes might stakeholders reasonably expect from Phase 2 reforms?Expand

Stakeholders should reasonably expect Phase 2 reforms to propose streamlined regulatory text, elimination of non‑statutory requirements, clearer plain‑language definitions and Part restructures, expanded use of non‑regulatory buying guides, and incentives to speed and increase competition (e.g., simplified acquisition paths, updated commercial item/part 12 treatment, revised clauses and procurement incentives). DoD Phase 1 class deviations already show removals/rewrites across many parts, indicating Phase 2 will move from deviations toward formal FAR revisions and related policy incentives.

Comments

Only logged-in users can comment.
Loading…