2026-19160Proposed RuleSignificantWallet

Feds Promise Revolution in Boring Contract Rules Overhaul

Published Date: 9/18/2026

Proposed Rule

Summary

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!

Analyzed Economic Effects

11 provisions identified: 9 benefits, 1 costs, 1 mixed.

Fixed-Price Procurement Preferred

The proposed rule makes fixed-price contracts with performance-based terms the default and adds new written justification and agency-head approval requirements when an agency uses other contract types (see new 16.104). Agencies must follow those new approval steps at specified contract-value thresholds.

Offerors Can Propose New Contract Types

The rule would let offerors propose alternative contract types that are not explicitly listed in the FAR (see Alternate I to provision 52.216-1). You could propose a different contract form if it promotes the Government's best interest and is not prohibited by law.

Consumption-Based Solutions Treated as Fixed-Price

The rule defines "consumption-based solution" and says metered supplies or services (for example, cloud capacity billed by usage) may be bought as fixed-price units; buying fixed-priced units on usage is treated as a firm-fixed-price contract.

On‑Ramps and Off‑Ramps for Multi‑Award Contracts

The proposed rule would add policies for "on-ramping" (adding) and "off-ramping" (removing) contractors from multiple-award contracts and adds Alternates I and II to clause 52.216-22 to provide various cancellation policies. This is meant to keep vendor pools current and competitive.

Less Burden for Cost Audit Submissions

The proposed revisions to clause 52.216-7, Allowable Cost and Payment, remove several detailed data requirements (for example, certain subcontract information, detailed time-and-materials cost breakdowns, payroll reconciliation) and relocate summary information to simplify incurred cost audit submissions and speed contract closeout.

R&D Preference for Well‑Established Firms Removed

The proposed FAR part 35 changes would remove language that favored providing solicitations to only a "reasonable number of responsible sources" and the preference for "well-established" entities. The FAR Council says this preference conflicts with full and open competition and publicizing rules.

Blanket Purchase Agreements Allowed Under Multi‑Award Contracts

If finalized, contracting officers could issue Blanket Purchase Agreements (BPAs) under multiple-award contracts using fair opportunity procedures when authorized by the contract. This would let agencies place BPAs within the scope of existing multi-award vehicles.

Brief Explanations for Unsuccessful Order Competitors

For task or delivery orders with total price above $7,500,000, contracting officers must notify contractors who competed but were not awarded and follow FAR part 15 procedures for postaward notifications or debriefings. For orders above the simplified acquisition threshold but not exceeding $7,500,000, contracting officers must provide a brief explanation on written request.

Clarified Cost‑Incentive Contract Cost Accounting

The rule clarifies that fixed-price cost incentive contracts are hybrid contracts and that established final indirect cost rates (FICR) must be used to calculate costs. If a contractor lacks an established FICR, they should follow the process in paragraph (d) of clause 52.216-7 to establish one.

Modernized Options for Quantities and Extensions

The proposed rule removes limitations so clauses 52.217-6 and 52.217-7 (Option for Increased Quantity) can apply to services as well as supplies, and renames 52.217-8 to Option to Extend so it can be used for extending ordering periods or periods of performance for up to six months to ensure continuity.

Reverse Auction Ban for Complex Construction

The proposed rule implements a statutory prohibition on using reverse auctions for "complex, specialized, or substantial design and construction services" above the simplified acquisition threshold (SAT). It adds a definition for these services and updates related clauses (52.217-10 through 52.217-12).

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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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