The FAR Council is undertaking a systematic approach to revising the FARs. On August 8, 2025, it released its revisions to FAR Part 5, Publicizing Contract Actions, and FAR Part 26, Other Socio-Economic Programs.
Redlines showing the additions and deletions to each of these sections of the FAR below.
FAR Part 5, Publicizing Contract Actions
The FAR Council explained that its rewrite of FAR Part 5 was intended to result in a “streamlined, chronological process that mirrors the three main phases of an acquisition.”
FAR Part 5 described the policies and procedures for publicizing contract opportunities and award information in the Governmentwide point of entry (GPE) (i.e. SAM.gov).
A significant addition to FAR Part 5 are several tables that list posting and timing requirements. As an example, the FAR Council added a table for “Minimum Timeframes for Receipt of Quotations or Offers”:
The FAR Council also include a table listing the timeframes for award notices:
The rewrite also continued the FAR Council’s approach of removing references to specific small business contracting programs, such as the 8(a) Program, HUBZone Program, and women and service veteran owned small business programs, in favor of a general reference to “small business concerns.” The following is an example from the revisions to FAR Part 5:
While this change does not substantively change regulatory requirements, it is indicative of the FAR Council’s choice to reduce or eliminate references to small business socio-economic programs in the FARs. That choice could have a negative impact on small businesses by reducing the visibility of such programs, and therefore, potentially, their use.
FAR Part 26, Other Socio-Economic Programs.
The FAR Council also revised FAR Part 26, Other Socio-Economic Programs. The FAR Council explained that is changes were intended to “follow the acquisition process (i.e., steps to take before solicitation vs. after award),” asserting that “[t]his new structure makes it easier and faster to find needed information at each stage of a procurement.”
FAR Part 26 addresses the following matters:
Subpart 26.1 – Indian Incentive Program
Subpart 26.2 – Major Disaster or Emergency Assistance Activities
Subpart 26.3 – Historically Black Colleges and Universities and Minority Institutions
Subpart 26.4 – Food Donations to Nonprofit Organizations
Subpart 26.5 – Drug-Free Workplace
Subpart 26.6 – Texting While Driving
FAR Part 26.1 addresses the Indian Incentive Payment, which allows an incentive payment to prime contractors equal to 5% of the amount paid to a subcontractor that is an “Indian organization” or “Indian-owned economic enterprise.” This part of FAR Part 26 retained because it is statutory mandated.
The FAR Council did remove the provisions in the FAR addressing how to challenge a representation of eligibility under the Indian Incentive Program, stating that those procedures would be included in the “FAR Companion Guide.”
This article summarizes aspects of the law. This article does not constitute legal advice. For legal advice for your situation, you should contact an attorney.
Sign up