The so-called “Revolutionary FAR Overhaul” (RFO), launched after the issue of Executive Order 14275 (Restoring Common Sense to Federal Procurement) in April 2025, is the most sweeping rewrite of the Federal Acquisition Regulation (FAR) in its 40-year history. The long-term intent of the RFO is to simplify and streamline federal procurement, but certain concerns raised by FAR legal experts raise the question if its rollout is actively generating compliance risk for contractors.
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Rather than follow a traditional notice-and-comment rulemaking process before implementation, agencies are directed on the RFO website to apply new standards via “class deviations.” These are interim rule changes that take effect before formal codification. As Sam Finnerty of the DC law firm PilieroMazza notes, the GSA has already issued class deviations for FAR Parts 1 and 34. This is an “adopt first, finalize later” strategy that Finnerty says risks undermining public participation, potentially turning the rulemaking process into a rubber stamp.
In other words, contractors are being held to standards that haven’t been codified. This situation creates a precarious compliance environment in which rules adhered to during one phase of the RFO rollout could change in subsequent rulemaking phases.
Excerpt taken from the article “Is the FAR Overhaul Creating Contractor Compliance Traps?” by Alex Rossino for Deltek’s GovWin IQ. Visit this link for the full article.
About Sam Finnerty
Sam is a trusted legal partner to government contractors, helping businesses secure, defend, and maximize federal contracting opportunities. With deep expertise in federal procurement, construction law, small business programs, and litigation, Sam provides strategic counsel to contractors navigating the complex world of government compliance and disputes. Read more here.
