doctrine
Restoring Common Sense to Federal Procurement
In motion
The Administrator of the Office of Federal Public Procurement Policy, working with the FAR Council and agencies, will amend the Federal Acquisition Regulation to contain only provisions required by statute or otherwise necessary for simplicity, usability, procurement efficacy, or economic and national security within 180 days.
“Within 180 days of the date of this order, the Administrator, in coordination with the other members of the Federal Acquisition Regulatory Council (FAR Council), the heads of agencies, and appropriate senior acquisition and procurement officials from agencies, shall take appropriate actions to amend the FAR to ensure that it contains only provisions that are required by statute or that are otherwise necessary to support simplicity and usability, strengthen the efficacy of the procurement system, or protect economic or national security interests.” (p. 2)
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proposed rule
Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 5, 24, and 29
The FAR Council proposed rule explicitly implements E.O. 14275 by amending FAR parts 5, 24, 29, and 52 as part of twelve rules that collectively streamline the FAR to eliminate non-essential provisions.
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proposed rule
Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 1, 2, 4, 33, 39, 40, and 53
The proposed rule explicitly amends FAR parts to implement E.O. 14275 by eliminating excessive acquisition regulations and streamlining the FAR, which is the specific amendment action the order directed.
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proposed rule
Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 6, 7, 10, 18, 26, 37, and 41
The FAR Council proposed rule explicitly amends FAR parts 6, 7, 10, 18, 26, 37, 41, and 52 to streamline the regulation pursuant to E.O. 14275, carrying out the order’s direction to amend the FAR so it contains only statutory or otherwise necessary provisions.
Deadline passed · no action observed
Each agency exercising procurement authority under the FAR will designate a senior acquisition or procurement official to work with the Administrator and FAR Council on FAR reform alignment within 15 days.
“Within 15 days of the date of this order, each agency exercising procurement authority pursuant to the FAR shall designate a senior acquisition or procurement official to work with the Administrator and the FAR Council to ensure agency alignment with FAR reform and to provide recommendations regarding any agency-specific supplemental regulations to the FAR.” (p. 2)
In motion
The Administrator, FAR Council, and agency designees will identify and address FAR provisions inconsistent with the order's policy objectives.
“The Administrator, the FAR Council, and each agency designee under this subsection shall collaborate to identify and appropriately address FAR provisions that are inconsistent with the policy objectives described in section 2 of this order.” (p. 2)
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proposed rule
Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 5, 24, and 29
The FAR Council’s proposed amendments to FAR parts 5, 24, 29, and 52 expressly implement E.O. 14275 by revising those parts to eliminate excessive acquisition rules, which is the identification and addressing of FAR provisions inconsistent with the order’s policy objectives.
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proposed rule
Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 1, 2, 4, 33, 39, 40, and 53
The FAR Council proposed rule amends FAR parts to implement EO 14275 by eliminating excessive acquisition regulations, thereby identifying and addressing provisions inconsistent with the order's policy objectives.
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proposed rule
Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 6, 7, 10, 18, 26, 37, and 41
The FAR Council proposed rule amends FAR parts 6, 7, 10, 18, 26, 37, 41, and 52 to implement E.O. 14275 by streamlining and eliminating excessive acquisition regulations, thereby identifying and addressing provisions inconsistent with the order's policy objectives.
Deadline passed · no action observed
The Director of the Office of Management and Budget will issue a memorandum to agencies providing implementation guidance for this order within 20 days.
“Within 20 days of the date of this order, the Director of the Office of Management and Budget, in consultation with the Administrator, shall issue a memorandum to agencies that provides guidance regarding implementation of this order.” (p. 2)
No action observed
The OMB memorandum will propose new agency supplemental regulations and internal guidance to promote expedited and streamlined acquisitions.
“The memorandum issued pursuant to subsection (b) of this section shall propose new agency supplemental regulations and internal guidance that promote expedited and streamlined acquisitions.” (p. 2)
No action observed
The Administrator will direct agencies to adhere to the ten-for-one deregulatory requirement from Executive Order 14192 when proposing supplemental regulations.
“With respect to such proposals, the Administrator shall direct the appropriate agency and its subordinate agencies to adhere to the ten-for-one requirement described in Executive Order 14192.” (p. 2)
No action observed
The Administrator and FAR Council will issue deviation and interim guidance until final FAR reform rules are published.
“The Administrator and the FAR Council shall issue deviation and interim guidance, as appropriate and consistent with applicable law, until final rules reforming the FAR are published.” (p. 2)
No action observed
The Administrator, with the FAR Council, will identify all non-statutory FAR provisions that will remain in the FAR.
“identify all FAR provisions not required by statute that will remain in the FAR;” (p. 2)
No action observed
The Administrator, with the FAR Council, will consider amending the FAR so that identified non-statutory provisions expire four years after the final rule's effective date unless renewed.
“consider amending the FAR such that any provisions identified in accordance with subsection (a) of this section will expire 4 years after the effective date of the final rule promulgated in accordance with section 4 of this order unless renewed by the FAR Council;” (p. 2)
No action observed
The Administrator, with the FAR Council, will consider whether new non-statutory FAR provisions should include a four-year sunset unless renewed.
“consider whether any new FAR provision not required by statute that is promulgated after the effective date of the final rule promulgated in accordance with subsection (b) of this section should include a provision stating that it will expire 4 years after its effective date unless renewed by the FAR Council.” (p. 2)