FAR Overhaul at Oct. 31: Deviations Rule Practice, Eight Proposed Rules Out, Four Still Pending

On Oct. 31, contractors bidding federal work fall under two rulebooks at the same time. The legacy Federal Acquisition Regulation is still printed in the Code of Federal Regulations. In practice, agency class deviations built on the FAR Council's plain-language rewrite now shape much of agency buying. The Revolutionary FAR Overhaul (RFO) page on Acquisition.gov, last updated Oct. 26, describes an initiative to "return the FAR to its statutory roots, rewrite it in plain language, and remove most non-statutory rules." Under OMB Memo M-25-26, the work runs in two phases. Phase one, in fiscal 2025, produced model deviation text for each FAR part. Phase two, formal notice-and-comment rulemaking, began June 23, 2026.

An OMB release on June 25 described the hand-off: "The proposed rules begin the formal process of embedding streamlined acquisition policies into the FAR after agencies began implementing those reforms through temporary deviations last year." The overhaul is a set of deviations already in use, eight proposed rules at different stages, and a queue of work with no announced end date.

Which FAR Parts Are Already in Force by Deviation?

The FAR Council's FAR Part Deviation Guide lists model text for nearly every part. Issuance dates run from May 2, 2025, for Part 1 through Oct. 28, 2025, for Parts 2 and 52. The council has revised several parts since then:

Feb. 20, 2026: Part 19
Mar. 16, 2026: Parts 1, 5, 10 and 25
Apr. 20, 2026: Parts 9, 12 and 22
July 1, 2026: Parts 16 and 52

Parts 38 and 51 are listed as "Reserved."

Model text has no legal force until an agency adopts it. The RFO FAQ states: "Agencies are expected to adopt and start using the model deviation text within 30 days of when the FAR Council issues the text." Agencies must also revise their FAR supplements and send quarterly progress reports to the Office of Federal Procurement Policy (OFPP).

Agencies have not adopted the text at the same pace. A third-party tracker from A-Frame Solutions counts 823 verified adoption records across 40 agencies and 30 FAR parts, with data as of Oct. 23. The tracker is vendor data. It shows DoD's deviations for Parts 12, 13 and 19 taking effect Feb. 1, 2026. DHS adopted most parts on Nov. 3, 2025. CFPB adopted most parts on June 8, 2026. Because dates differ by agency, the agency's own deviation reference in each solicitation is what controls.

What the Eight Published Proposed Rules Would Write Into the FAR

The September Federal Register notice states that "the FAR Council is issuing twelve proposed rules that collectively will streamline the FAR in its entirety." Eight have been published, in two batches of four.

Batch one appeared June 23, and its comment period closed July 23. It contains FAR Case 2026-001 (Parts 1, 2, 4, 33, 39, 40, 52 and 53), 2026-002 (Parts 6, 7, 10, 18, 26, 37 and 41), 2026-005 (Parts 5, 24 and 29) and 2026-007 (Parts 3 and 49). OMB said, "Together, the proposed rules cover 17 FAR parts." The changes OMB highlighted include:

a one-page practitioner tip sheet, plus authority to use oral acquisition plans, in place of five pages of acquisition-planning directives
a risk-based approach in place of the "one-size-fits all mandate to coordinate with auditors on settlement proposals above $2 million stemming from terminations"
a new regulatory sunset process requiring review of rules, with public input, "not less than every four years"

Batch two appeared Sept. 18, and its comment period closed Oct. 19. It contains FAR Case 2026-003 (Parts 8, 12, 13, 15, 38, 44 and 51, plus Part 52), 2026-006 (Parts 16, 17 and 35), 2026-010 (Parts 14, 28, 36 and related Part 52 clauses) and 2026-011 (Parts 9, 27 and 47).

Batch two makes deeper changes. Part 8 would require agencies to use OFPP-designated "required use" contracts unless the Senior Procurement Executive grants an exception, and Part 51 would be merged into Part 8. Part 12 would take in the simplified procedures and the commercial authority of up to $9 million. It would also limit clauses in commercial buys to those prescribed for commercial use unless an agency obtains a deviation, and FEDCON reports that FAR 52.212-3 and 52.212-5 would be removed. A contracting officer could also buy construction as a commercial service after making a finding. Part 15 would relax the "late is late" rule, rename discussions as "meaningful negotiations," widen the competitive range, and formalize a best-value method that picks the highest technically rated offer and then confirms its price is fair.

Part 19 and Four More Rules: What the FAR Council Has Not Proposed Yet

FEDCON's Sept. 21 status review flags the biggest gap: "Part 19, Small Business Programs, is not in any of the eight rules published so far." Changes to set-asides, 8(a), HUBZone, SDVOSB and WOSB rules are therefore still to come. No publication date has been announced for the four remaining proposed rules. FEDCON's summary: "The FAR Council has not published a finish date. Four proposed rules are still to come, and each of the twelve needs a final rule after its comment period closes."

The FAQs on Acquisition.gov also lag the record. They still say formal rulemaking "will begin once all FAR parts have been rewritten and issued as model deviation text," but the council began publishing proposed rules on June 23.

Once final rules take effect, the June rule text says changes apply, unless stated otherwise, to solicitations issued on or after the effective date. Contracting officers may also apply them to earlier solicitations or existing contracts at their discretion.

What It Means for Contractors

The FAQ says "No formal action is required" and promises that "The RFO will not change statutory requirements or create new regulatory burdens for contractors." Even so, several steps make sense now:

Check every solicitation. Read its clause list and the agency deviation it cites, because adoption dates and text versions vary by agency.
Prepare for negotiation-style Part 15 evaluations, including the highest-technically-rated award method.
Review data-rights assertions and IP strategy. Part 27, which covers patents and data, is in the 2026-011 proposal, so changes could reach those terms.
Watch for OFPP's "required use" contract list, which has not been defined yet.
Keep SAM registration, NAICS codes and past performance current. FEDCON reports the proposed Part 13 text would have buyers solicit quotations from at least three sources, including two new ones, whenever practicable.
Track the Part 19 proposed rule. For small businesses, it is the most consequential piece still to come.