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
Department and Agencies
Related Federal Register Documents
2026-19160, Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 16, 17, and 35
The government is shaking up how it buys stuff by simplifying key contract rules in parts 16, 17, and 35 of the Federal Acquisition Regulation. This change affects federal agencies and contractors, aiming to cut red tape and save taxpayer money. Comments on the proposed changes are open until October 19, 2026, so get ready to weigh in!
2026-20270, Information Collection; Presolicitation Notice and Response
The government wants to keep collecting info about presolicitation notices, which help agencies plan buying stuff. They’re asking the public to share thoughts on how useful this info is and how to make it easier to provide. This extension would last three more years, with comments due by December 1, 2026, but no new costs are expected.
2026-20271, Information Collection; Federal Acquisition Regulation Part 11 Requirements
The government agencies in charge of buying stuff (like DoD, NASA, and GSA) want to keep collecting info under a rule called FAR Part 11 for three more years. They’re asking the public to share thoughts by December 1, 2026, on how to make this info collection easier and more useful. This won’t cost extra money but helps keep government buying smooth and clear.
2026-20127, Submission for OMB Review; Acquisition 360 Voluntary Survey
The government is asking for approval to keep using the Acquisition 360 Voluntary Survey, which lets companies give feedback on how the government handles contract talks and debriefings. This survey helps agencies improve how they work with vendors before awarding contracts. If you’re a business interested in government contracts, your input matters! Comments on this plan are open until November 2, 2026, and there’s no cost to participate.
2026-20128, Submission for OMB Review; Preaward Survey Forms (Standard Forms 1403, 1404, 1405, 1406, 1407, and 1408)
The government is asking to keep using six preaward survey forms that help check if contractors can do the job before signing a contract. This affects contractors and contracting officers who need to prove financial strength, reliability, and ability to deliver on time. Comments on this request are open until November 2, 2026, with no new costs expected.
2026-20126, Submission for OMB Review; Certain Federal Acquisition Regulation Part 28 Requirements
If you’re a contractor working with the federal government, you’ll want to know that some paperwork rules about bonds and payment protections are up for review and extension. These rules help make sure contractors provide the right guarantees on projects, especially construction ones over $35,000. Comments on these rules are open until November 2, 2026, so get ready to weigh in if this affects you!
Previous / Next Documents
Previous: 2026-19158, Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 14, 28, 36, and 52
The government is shaking up how it buys stuff by simplifying key rules in the Federal Acquisition Regulation. This affects contractors and agencies working with parts 14, 28, 36, and 52, aiming to save taxpayer money and cut red tape. Comments on these changes are open until October 19, 2026, so get ready to weigh in!
Next: 2026-19160, Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 16, 17, and 35
The government is shaking up how it buys stuff by simplifying key contract rules in parts 16, 17, and 35 of the Federal Acquisition Regulation. This change affects federal agencies and contractors, aiming to cut red tape and save taxpayer money. Comments on the proposed changes are open until October 19, 2026, so get ready to weigh in!