Major FAR Rewrite Looms: Simplicity, Flexibility, and Legal Uncertainty
In an April 2025 interview on Federal News Network’s Federal Drive, Tom Temin spoke with Eric Crusius, a procurement attorney at Hunton Andrews Kurth, about the potential rewrite of the Federal Acquisition Regulation (FAR). This major regulatory overhaul—spearheaded not by the FAR Council but directly by the White House through the Office of Federal Procurement Policy (OFPP)—signals a shift toward making federal procurement simpler and more business-friendly, particularly for new entrants to the marketplace. According to Crusius, the administration’s goal appears to be reducing complexity while maintaining key protections, but the result could be a more ambiguous rulebook, ripe for legal interpretation and potential confusion.
Crusius emphasized that much of the FAR has grown not just from statute but from accumulated practices over decades. Provisions like the “Termination for Convenience” clause or procedures for oral presentations are not necessarily mandated by law, yet have become integral to how agencies operate. Removing or downgrading these provisions to mere “guidance” could diminish clarity and consistency, making the FAR superficially simpler while complicating actual procurement implementation.
The conversation also touched on core acquisition principles like “best value,” which has evolved over time through both practice and limited congressional direction. While Congress has restricted the use of lowest-price technically acceptable (LPTA) evaluations, the push toward best value lacks a solid statutory foundation and may be vulnerable in the rewrite process. The patchwork nature of the FAR—with roots in laws like the Service Contract Act, Davis-Bacon Act, and NDAA provisions such as the Chinese tech ban—complicates efforts to cleanly separate statute from regulation.
Crusius speculated that the decision to bypass the traditional FAR Council may be an attempt to accelerate reform, but warned that sweeping changes without cross-agency coordination risk unintended consequences. He urged public comment and industry engagement, noting that rules often improve significantly after the notice-and-comment period. Finally, Crusius highlighted the cultural barrier within the acquisition workforce, suggesting that contracting officers need both encouragement and protection when exercising the flexibilities they already possess.
This proposed FAR rewrite, while ambitious in its goals, presents substantial implications for contractors, agency personnel, and legal professionals alike. Its success will depend on thoughtful execution, robust stakeholder engagement, and a careful balance between simplification and the integrity of public procurement.
This blog post is based on an April 14, 2025 article and interview by Tom Temin of Federal News Network. All rights reserved by Federal News Network. This summary is for informational purposes only, does not guarantee accuracy, and does not constitute legal advice.
