2026-19159Proposed RuleWallet

Government buying rules get another efficiency overhaul proposal

Published Date: 9/18/2026

Proposed Rule

Summary

The government is shaking up how it buys stuff by cutting out confusing rules that waste taxpayer money. This big update affects companies and agencies working with the government, making the process simpler and smarter. If you want to weigh in, send your comments by October 19, 2026, before these changes become official and start saving money and time.

Analyzed Economic Effects

6 provisions identified: 4 benefits, 2 costs, 0 mixed.

DoD Excluded from Pre‑award Testing Cost Rule

The rule would implement section 812(a)(6) of the National Defense Authorization Act for Fiscal Year 2026 (Pub. L. 119-60) by changing FAR 9.204(a)(2)(i) to exclude the Department of Defense from the statutory requirement that, when fewer than two actual manufacturers exist for a qualification requirement, the agency must make a determination before bearing the cost for a small business and prospective competitor to undergo testing and evaluation.

DEI Noncompliance Can Trigger Debarment

The proposed rule would add noncompliance with the new FAR clause 52.222-XX, "Addressing DEI Discrimination by Federal Contractors," (implementing E.O. 14398 of March 26, 2026) to the list of causes for debarment and suspension at FAR 9.406-2(b)(1) and 9.407-2(a).

SBIR/STTR Data Protection: 20‑Year Limit

The rule would update SBIR/STTR coverage to align with the SBA SBIR/STTR Policy Directive (effective May 3, 2023), setting a single, non-extendable 20-year SBIR/STTR data protection period and granting the Government a Government Purpose Rights (GPR) license after that period expires instead of an unlimited rights license.

FAR Aligns Data Rights with DFARS

The proposed FAR subpart 27.4 overhaul would replace current Rights in Data coverage with DFARS-derived content, add separate subpart 27.5 for commercial acquisitions, and add DFARS-derived clauses (including FAR 52.227-24 and 52.227-25). The agencies state this alignment will reduce contractor uncertainty about applicable data rights and lower contractor costs.

Clearer Rules for Commercial/COTS Applicability

The proposed rule would revise provision and clause prescriptions (including a detailed table) to explicitly state which FAR provisions and clauses apply to commercial products, commercial services, and commercially available off-the-shelf (COTS) items, clarifying applicability for offerors and contracting officers.

Rewriting FAR to Cut Compliance Burden

The Revolutionary FAR Overhaul (RFO) would remove non‑statutory requirements from the FAR, shift many 'how to' rules into non‑regulatory guidance (e.g., a FAR Companion), rewrite parts in plain language, and standardize prescriptions, with the stated goals of faster procurement, lower cost, and increased competition.

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Key Dates

Published Date
Comments Due
9/18/2026
10/19/2026

Department and Agencies

Department
Independent Agency
Agency
Management and Budget Office
Federal Procurement Policy Office
Defense Department
General Services Administration
National Aeronautics and Space Administration
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