How the Federal Acquisition Regulation (FAR) is Amended: A Guide for Government Contractors
Fed Contract Pros is often asked how the Federal Acquisition Regulation (FAR) can be amended. The FAR, codified in Title 48 of the Code of Federal Regulations, is the primary rulebook governing federal acquisitions and is frequently updated to reflect legislative changes, executive directives, and policy considerations. Understanding the amendment process is crucial for contractors who must remain compliant with evolving procurement rules.
The FAR is amended through a structured regulatory process. The Federal Acquisition Regulatory Council (FAR Council), composed of the General Services Administration (GSA), the Department of Defense (DOD), and the National Aeronautics and Space Administration (NASA), is responsible for maintaining and updating the FAR. The Office of Federal Procurement Policy (OFPP) within the Office of Management and Budget (OMB) also plays a critical role, particularly when agency disagreements arise regarding proposed changes.
Amendments to the FAR typically follow the rulemaking procedures established under the Administrative Procedure Act (APA). The process begins with a proposed rule published in the Federal Register, allowing stakeholders—including contractors, industry groups, and the public—to provide comments. After considering feedback, the FAR Council finalizes the rule and publishes it, often with an explanation of the changes and responses to significant public concerns. In certain urgent cases, the government may issue interim final rules, which take effect immediately while still allowing for post-promulgation comments.
Congress can also prompt changes to the FAR through legislation. Statutory mandates may require the FAR Council to issue new rules or modify existing ones within a specified timeframe. For example, Congress frequently uses National Defense Authorization Acts (NDAAs) and appropriations legislation to introduce new procurement requirements that agencies must implement through the FAR. The Preventing Organizational Conflicts of Interest in Federal Acquisition Act of 2022 is one such example, directing the FAR Council to update the FAR within a defined period.
The process of amending the FAR can take months or even years, depending on the complexity of the rule and the volume of public comments. While statutory deadlines often set expectations, delays can occur due to interagency coordination, stakeholder concerns, and competing priorities. However, if an agency fails to meet a statutory deadline, the courts typically do not invalidate the rule but may compel the agency to act.
For contractors, understanding how the FAR is amended is essential for staying ahead of regulatory changes that impact their compliance obligations and competitive standing in federal contracting. Monitoring Federal Register notices, engaging in the public comment process, and staying informed about legislative developments are all key strategies for navigating the evolving federal acquisition landscape.
At Fed Contract Pros, we emphasize the importance of proactive compliance and strategic engagement with regulatory changes. Whether through advocacy efforts, participation in industry coalitions, or direct feedback to regulatory agencies, contractors have opportunities to shape the rules that govern their businesses. By staying informed and engaged, they can better anticipate and adapt to amendments that impact their operations and bottom line.
Disclaimer: This blog post is for informational purposes only and does not constitute legal, financial, or regulatory advice. While every effort has been made to ensure accuracy, Fed Contract Pros does not guarantee the completeness or applicability of the information provided. Readers should consult with qualified professionals or official government sources for specific guidance on FAR amendments and compliance.
