Under Executive Order 14275, Restoring Common Sense to Federal Procurement, and accompanying OMB Memorandum M-25-26, the FAR Council is undertaking a comprehensive redesign of the Federal Acquisition Regulations (FAR). The stated goal of this “Revolutionary FAR Overhaul (RFO)” is to streamline the FAR, eliminate non-statutory or duplicative provisions, adopt clearer or “plain language” drafting, and more closely align the FAR structure with the acquisition life cycle.
As part of the transition, the FAR Council has published model deviation text for numerous FAR parts (e.g., Parts 15, 16, 22, 23, 25, 32, 42, 53) and requested informal public feedback through November 3, 2025. The model deviation text is intended as a “bridge” during the transition — a consistent template for agency class deviations pending formal FAR rewriting and codification.
Concurrent with the public comment window, certain agencies have issued class deviations adopting the model deviation text for certain FAR parts, with many deviations slated to become effective November 3, 2025.
Thus, November 3 is a pivotal date: It is both the deadline for public comment on much of the model deviation text and the effective date for a wave of class deviations adopting that text.
Scope of the Public Comment Opportunity
By November 3, 2025, at 4:30 p.m. ET, the public may submit feedback on the proposed model deviation text for all FAR parts (including FAR Parts 14, 15, 16, 22, 23, 25, 32, 37, 41, 42, 47, 53).
While this comment period is described as “informal,” the FAR Council has stated that feedback will be considered in the development of the formal rulemaking (i.e., in drafting final FAR rewrite proposals).
Notably, the FAR Council has also made clear that it does not intend to issue individualized responses to every comment, but that all input will be reviewed and may influence the final versions.
Why You Should Engage
For government contractors, industry associations, acquisition professionals, small businesses, and other stakeholders, this is a rare opportunity to influence FAR changes before they become more entrenched. Key issues to scrutinize include:
- Unintended consequences or gaps in the model text (e.g., removed or rephrased provisions that may impact risk, oversight, disputes, or compliance burdens).
- Transitions for existing contracts or solicitations – whether the deviation text sufficiently contemplates legacy obligations, amendments, or recompetition.
- Interplay with agency regulations or statutes – for instance, where the new FAR model text may conflict with existing SBA or other implementing rules.
- Clarity, consistency, and interpretability – i.e., does the model deviation text succeed in simplifying the language without sacrificing enforceability or certainty.
- Suggestions for further refinement or alternative approaches – especially if a stakeholder has identified areas where the model text may be deficient or overly burdensome.
Risks of Not Participating
Once the public comment period closes and agencies begin to incorporate or rely on deviations (and later FAR rewrites), opportunities to propose alternative language or mitigate problematic provisions may be more constrained. Stakeholders who do not participate risk having to adjust reactively.
November 3, 2025: Effective Date of Certain Class Deviations
On November 3, 2025, certain agency class deviations implementing the FAR Council’s model deviation text will become effective. Some examples:
- GSA / FAR Part 33 – Class Deviation RFO-2025-33 (removing § 33.212, among other changes) becomes effective November 3.
- GSA / FAR Part 38 – GSA’s class deviation removing FAR Part 38 entirely (shifting Schedule procedures to GSAR) takes effect November 3.
- GSA / FAR Part 30 – Deviation implementing RFO model deviation text for cost accounting rules becomes effective November 3.
- DOE / FAR Part 49 – A class deviation to adopt model text for termination clauses becomes effective November 3.
- DOE / FAR Part 7 – A class deviation implementing model deviation text for acquisition planning becomes effective November 3.
- GSA / FAR Part 12 – GSA’s deviation adopting the FAR Council’s revised Part 12 and associated revisions in Part 52 will take effect November 3, 2025.
These deviations mean that, for new solicitations or new contracts (and, in some cases, for task orders or modifications), contracting officers must use the RFO model deviation language in place of the existing codified FAR language (to the extent applicable).
Notably, these deviations will likely remain in effect until they are rescinded or incorporated into the revised FAR itself.
Key Implementation Considerations
- Templates, provisions, and clauses – Agencies and contractors will need to adjust template solicitations, contract clauses (Part 52), and internal standard operating procedures to reflect the new deviation text.
- Open or in-flight solicitations and contracts – For existing solicitations or awarded contracts, contracting officers have discretion to apply or not apply the new deviation text. The deviations do not automatically apply to existing documents unless amended or agreed.
- Coordination with agency acquisition workforce – Contracting personnel must be trained, informed, and aligned to ensure consistent adoption of RFO text. Internal guidance, training, and oversight mechanisms will need adjustment.
- Monitoring incorporation into the FAR – Over time, the intention is to formally codify many (or all) of these deviations into the revised FAR. Until then, the deviations operate as stopgap measures — but the transition period may carry legal and interpretive risk.
- Potential conflicts or gaps – If a class deviation omits or modifies a provision in a way that raises ambiguity or inconsistency (e.g., with statute, executive order, or agency policy), contractors will need to be proactive in flagging the issue, and contracting officers will need to carefully assess risk and consider fallback or remedial approaches.
Suggested Steps for Stakeholders Between Now and November 3
- Inventory and compare – Review the model deviation texts for the FAR parts relevant to your business or agency. Compare them side by side with the existing FAR language and identify material changes (additions, deletions, reorganizations).
- Prepare comments – Draft and submit comments that are grounded in real-world contract experience, risk analysis, implementation feasibility, or clarity concerns. Aim for specificity (e.g., “Section X, line Y, removes provision Z, but that may cause issue A in scenario B”).
- Coordinate internally – Contractors should coordinate with their procurement teams, government contracts legal counsel, and leadership to understand how their bids or proposals will need to adapt.
- Monitor agency deviations – Track which agencies are issuing class deviations and for which FAR parts. Where your contracts or potential solicitations intersect with these agencies, you’ll want to align to the new textual requirements come November 3.
- Plan for the transition period – Be prepared to manage mixed contracts and solicitations — some under old FAR text, some under new deviation text.
- Watch for formal FAR rulemaking – After the RFO model deviation and agency deviation phase, the FAR Council is expected to proceed with formal rulemaking (notices of proposed rulemaking, etc.). Comments now may influence that process, but later rulemaking may further revise text. Thus, stakeholders should remain engaged.
Conclusion
November 3, 2025. represents a hinge in the FAR’s modernization process. On that day, the public comment window on many RFO model deviation texts closes, and a new wave of agency class deviations will go into effect, embedding the new language in actual solicitations and contracts.
For federal contractors, agencies, and others in the federal procurement space, the intervening days are a critical window to influence, adapt, and prepare for a new era in government contracting. Missing the deadline may mean missing the chance to shape the “final” form of the new FAR.