The Trump administration has begun a “revolutionary overhaul” of US federal procurement regulations in response to an executive order, Restoring Common Sense to Federal Procurement, issued on April 15, 2025. The order directs the Federal Acquisition Regulatory Council (FAR Council) to amend the Federal Acquisition Regulation (FAR) within 180 days of the order (by mid-October). The aim of the overhaul is to ensure that the FAR 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.” The administration released the first tranche of revisions on May 2. This post outlines the overhaul process and considers its possible implications for foreign suppliers.
The Office of Management and Budget (OMB) issued guidance on implementing the president’s order in Overhauling the Federal Acquisition Regulation on May 2. The Office of Federal Procurement Policy (OFPP), a unit in OMB, along with the FAR Council, will lead the comprehensive overhaul. The result will be a streamlined FAR and OFPP-issued buying guides that collectively will comprise the Strategic Acquisition Guidance (SAG). OFPP buying guides will highlight “innovative buying techniques as well solutions and manageable procurement pathways for different types of common goods and services.”
FAR Council Deviation Guidance describes the process by which the FAR Council will issue “plain language class deviation text” for each FAR part on a rolling basis “as it is developed,” to be posted on the Revolutionary FAR Overhaul website. Federal agencies are directed to issue agency-specific class deviations within 30 days after the Council releases class deviation text. According to the OMB memorandum, after the FAR Council has posted model deviation guidance for all FAR parts, it will revise the FAR through formal rulemaking, which includes a notice and comment process.
George Washington Law Professor Christopher Yukins has examined the first tranche of completed rewrites, covering FAR Part 1 (describes how the FAR system is operated), Part 34 (major systems acquisitions), and Part 52 (contract clauses). He concluded was that “they streamline the FAR — but they are, at least for now, relatively modest.” However, after outlining the development and historical role of the FAR, Professor Yukins warns that “dismembering the FAR could have serious implications for our nation’s security and well-being.”
Of particular interest to foreign suppliers will be the revision of FAR Part 25 (Foreign Acquisition), which provides policies and procedures for the purchase of foreign suppliers, services, and construction materials and for contracts performed outside the United States. That part also prescribes the conditions for the waiver of the Buy American Act of 1933 for goods covered by the WTO Government Procurement Agreement and free trade agreements, as well as for their implementation. One issue is whether the administration’s criticism of ‘Buy American’ policies in its recent America First Trade Policy report will be reflected in the rewrite of Part 25.
Given that the first set of revisions skipped around the FAR, it is unknown when the rewrite of Part 25 will be taken up. Those interested should closely monitor the Revolutionary FAR Overhaul website for Part 25 developments.
The Trump administration has begun a “revolutionary overhaul” of US federal procurement regulations in response to an executive order, Restoring Common Sense to Federal Procurement, issued on April 15, 2025. The order directs the Federal Acquisition Regulatory Council (FAR Council) to amend the Federal Acquisition Regulation (FAR) within 180 days of the order (by mid-October). The aim of the overhaul is to ensure that the FAR 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.” The administration released the first tranche of revisions on May 2. This post outlines the overhaul process and considers its possible implications for foreign suppliers.
The Office of Management and Budget (OMB) issued guidance on implementing the president’s order in Overhauling the Federal Acquisition Regulation on May 2. The Office of Federal Procurement Policy (OFPP), a unit in OMB, along with the FAR Council, will lead the comprehensive overhaul. The result will be a streamlined FAR and OFPP-issued buying guides that collectively will comprise the Strategic Acquisition Guidance (SAG). OFPP buying guides will highlight “innovative buying techniques as well solutions and manageable procurement pathways for different types of common goods and services.”
FAR Council Deviation Guidance describes the process by which the FAR Council will issue “plain language class deviation text” for each FAR part on a rolling basis “as it is developed,” to be posted on the Revolutionary FAR Overhaul website. Federal agencies are directed to issue agency-specific class deviations within 30 days after the Council releases class deviation text. According to the OMB memorandum, after the FAR Council has posted model deviation guidance for all FAR parts, it will revise the FAR through formal rulemaking, which includes a notice and comment process.
George Washington Law Professor Christopher Yukins has examined the first tranche of completed rewrites, covering FAR Part 1 (describes how the FAR system is operated), Part 34 (major systems acquisitions), and Part 52 (contract clauses). He concluded was that “they streamline the FAR — but they are, at least for now, relatively modest.” However, after outlining the development and historical role of the FAR, Professor Yukins warns that “dismembering the FAR could have serious implications for our nation’s security and well-being.”
Of particular interest to foreign suppliers will be the revision of FAR Part 25 (Foreign Acquisition), which provides policies and procedures for the purchase of foreign suppliers, services, and construction materials and for contracts performed outside the United States. That part also prescribes the conditions for the waiver of the Buy American Act of 1933 for goods covered by the WTO Government Procurement Agreement and free trade agreements, as well as for their implementation. One issue is whether the administration’s criticism of ‘Buy American' policies in its recent America First Trade Policy report will be reflected in the rewrite of Part 25.
Given that the first set of revisions skipped around the FAR, it is unknown when the rewrite of Part 25 will be taken up. Those interested should closely monitor the Revolutionary FAR Overhaul website for Part 25 developments.
