FedSubK Feature: The Acquisition Lifecycle of Service Contracts - Phase 2 Contract Formation and Source Selection
Updated: May 4, 2024
This month we continue with an overview of the second phase of the acquisition lifecycle for Federal service contracts; Contract Formation and Source Selection (or “Award” Phase). (NOTE: If you missed last month, you can find Part 1 here.)
We will talk about each subactivity in this phase but first, let’s remind everyone of the lifecycle of a typical Federal services contract valued over the Simplified Acquisition Threshold (or “SAT,” presently $250,000).
Figure 1 – Acquisition Lifecycle

Contract Formation & Source Selection (Award)
The Contract Formation and Source Selection (Award) phase begins at the point when Acquisition Planning is completed, and the method of procurement has been established. Tasks in this phase are shown below.
Figure 2 – Steps in the Contract Formation & Source Selection (Award) Phase

Legend: I = Integrated Project Team, P = Project Management Office / Requestor, and A = Acquisition Office
These tasks will culminate in an awarded contract (or contracts) and a path that is free of obstacles for the awardee to start contract performance.
Let’s go over a few key tasks in this phase and their impacts on you, the potential offeror.
Pre-Solicitation Notice (“Notice of Proposed Contract Action” or “Advance Notice”) (FAR Subpart 5.203)
Agencies must publish a Pre-Solicitation Notice in the Contract Opportunities section of SAM.gov at least 15 calendar days before the solicitation is issued, or before issuing a solicitation or proposed contract action the Government intends to solicit and negotiate with only one source (see FAR Subpart 6.302-1).
This notice period may be shorter than 15 calendar days, at the discretion of the Contracting Officer (CO/KO) when acquiring commercial products or commercial services. The period can also be shorter when the CO/KO uses the combined synopsis and solicitation procedure outlined in FAR Subpart 12.603. (Note: See the FedSubK Feature “Navigating Federal Contract Opportunity Notices” for more info.)
The Pre-Solicitation Notice is important because it–
- Gives a summary of the upcoming project,
- Discloses the acquisition strategy to be used in terms of competition and contract type,
- Provides the estimated date for issuance of the solicitation to the public and the response time, and
- Outlines other special instructions such as pre-proposal conferences planned.
From this notice alone, many businesses can make their go/no-go decisions on whether to propose.
For the Government, this 15-day period is crunch time. It’s when final approvals are obtained to release the documents to the public. If something comes up (and it always seems to), the 15 days may be extended for any length of time by the Government without further notice to the public. However, it is always in the Government’s best interest to ensure its competition pool knows when the solicitation will be published. The solicitation issuance date in the notice is an estimated release date.
For sole source actions offered to the Small Business Administration (SBA) 8(a) Business Development Program, a pre-solicitation notice is NOT required.
Solicitation Issuance
Once at least 15 days have passed, the solicitation will be uploaded in the GPE under a separate notice. This notice will contain a synopsis of the project along with solicitation documents and all attachments made available for download by potential offerors. Now the real fun begins because the clock is ticking!
(See FedSubK Snapshot “Finding Your Way Around a Federal Solicitation” for more info about where to find solicitation response times and instructions to ask questions, seek clarification, and how to format and submit proposals.)
You’ve got a lot of moving parts once the RFP goes “live.” Here are some key things, from a CO/KO perspective, that offerors need to keep in mind as they develop their proposal.
#1 - Know the Rules for Government Exchanges with Industry Before Receipt of Proposals (FAR Subpart 15.201)
Exchanges of information between the Government and Industry are encouraged. However, any exchange must be consistent with the procurement integrity requirements of FAR Subpart 3.104. This includes not only exchanges but also disclosure, protection, and marking of contractor proposal information and source selection information.
Exchanges after issuance of the solicitation but before receipt of proposals are used by the Government to improve potential offerors’ understanding of requirements and allow them the chance to determine their ability to meet those requirements. These exchanges often take the form of questions from industry on RFP documents, answers in response from the Government, and pre-proposal conferences. The CO/KO oversees and controls these exchanges.
Draft RFPs for industry input are considered part of the market research process under acquisition planning.
#2 - Watch for Amendments! (FAR Subpart 15.206)
Changes to the RFP documents are made by formal amendment to the solicitation before the established time and date for receipt of proposals. Amendments must provide sufficient time for potential offerors to digest changes and update proposals. Each amendment will also be announced with its own notice and published in the GPE. Amendment notices will provide a synopsis of changes made.
Amendments can also be issued after the close of receipt of offers/proposals. However, per subparagraph (e) of the referenced FAR Subpart, if the CO/KO determines that such an amendment “...is so substantial as to exceed what prospective offerors reasonably could have anticipated so that additional sources likely would have submitted offers had the substance of the amendment been known to them”, the CO/KO must cancel the original solicitation and issue a new one, regardless of the stage of the acquisition.
An oral notice may also be used when time is of the essence, which is then formalized by a written amendment issued by the CO/KO.
The worst possible thing is to finish a proposal and realize you haven’t taken an amendment into account. Failure to acknowledge an amendment can be grounds to eliminate your proposal from consideration right out of the gate!
#3 - Understand the Basics of Different Source Selection Techniques (FAR Subpart 15.1)
Techniques for the selection of sources under competitive procurements fall within a range called the Best Value Continuum. This range equates to the Government’s perceived risk of unsuccessful performance which is then translated into the prioritization of technical factors and cost or price factors and their individual and collective importance.
An agency may use only one or a combination of the Tradeoff Process and the Lowest Price Technically Acceptable Process to arrive at the determination of the best value for the Government. The characteristics of each are found in the table below.
Tradeoff Process
- Allows selection of other than the lowest-priced or highest technically rated offeror using tradeoffs between technical superiority and cost or price, as described in the solicitation.
- The technical factors and significant subfactors that affect contract award and their relative importance are disclosed in the RFP.
- The RFP also includes a statement whether all evaluation factor factors other than cost or price (aka “technical factors” when combined, are–
- Significantly more important than cost or price,
- Approximately equal to cost or price, or
- Significantly less important than cost or price.
- Past performance is a required evaluation factor.
- Factors and significant subfactors establish a list of criteria describing required or desired skills and experience against which the proposal is subjectively evaluated.
- Technical ratings are subjective and use a rating scale of adjectival descriptors, colors, numerical weights, or original rankings. Cost or Price is evaluated, not rated.
- Provides the greatest flexibility for the Government to achieve the best balance of technical and cost/price acceptability.
- Any perceived benefits of a higher-priced proposal require supporting documentation to quantify the payment of any additional cost in terms of specific benefits to the Government.
- The point-by-point tradeoff decision is documented and reviewed as required by FAR, any agency FAR supplement, and agency policy.
Lowest Price Technically Acceptable Process
- Requires selection of the technically acceptable proposal with the lowest evaluated price
- Technical factors are not ranked by relative importance.
- Failure of a proposal to meet the minimum technical acceptability standard of any technical factor or subfactor automatically eliminates the proposal from further consideration.
- Past performance is not a required evaluation factor.
- Factors and significant subfactors establish objective thresholds of technical acceptability (measures) against which the proposal is evaluated.
- Technical ratings are objective and use a go/no-go, pass/fail, or acceptable/unacceptable scale. Cost or Price is evaluated, not rated.
- Provides the ability to achieve a minimum technical acceptability level on all technical factors and significant subfactors and achieve the lowest evaluated price.
- Only the lowest-priced proposal of the proposals found to be technically acceptable is considered for award.
- Tradeoffs are not allowed.
#4 - Award Without Discussions or Competitive Range? (FAR Subpart 15.306(c))
The Government has a choice. It can choose to make a contract award decision based solely on initial proposals and not engage with offerors, or it can establish a competitive range to conduct discussions (aka, negotiations) before an award is made.
What’s a competitive range? Based on the ratings of each proposal against all evaluation criteria, the CO/KO will establish a competitive range comprised of all of the most highly rated proposals; those most likely to receive the contract award. It’s a down-selection. The competitive range can be further reduced for purposes of efficiency when documented with the rationale why and the solicitation so states.
The solicitation will disclose the Government’s choice. This choice is important. An award without discussions means you get one shot – the first shot – to get your proposal right. There are no fixes or changes allowed later. However, even when the Government chooses “award without discussions,” it always reserves the right to open discussions with offerors if it is in the Government’s best interest to do so. But don’t rely on it happening. If the Government can avoid discussions before the award, it will; trust me on that. It saves weeks of work and documentation when discussions are avoided.
Now that we understand the processes that can be used in source selection, let’s talk about how it gets accomplished.
Source Selection Evaluation Board (SSEB). Before the solicitation ever hit the street, the Source Selection Evaluation Board (SSEB) members were chosen. Who are those people? Let’s talk about that and what they do in the evaluation in general.
Technical Evaluation Board (TEB). Comprised of technical and subject matter experts familiar with the work to be performed who are trained in the technical evaluation processes to be used, and supported by the CO/KO and the Small Business Specialist, who assist when subcontract performance is included as an evaluation factor. The TEB chair is most often the project lead who will oversee the daily work during contract performance AND will likely be assigned as the Contracting Officer’s Representative (COR). (See FedSubK Feature: “Hate the Game, Not the Players: Know the Roles in Federal Contracting” for more about the roles in Federal contracting.)
(HINT: If the Government held a pre-proposal conference, members of the TEB were likely involved in the Government presentations. You likely introduced yourself or engaged in chit-chat. But don’t think you can ask, and Government personnel will tell you they are on the TEB; they are required to sign a Non-Disclosure Agreement to participate. If someone tells you they are a TEB member, report it to the CO/KO immediately.)
The technical evaluation is completed fully independent of the price evaluation. The TEB membership is provided only with a copy of those portions of the proposals that address the technical factors only; the TEB is not privy to the costs or prices proposed at any time during the evaluation. Each member of the TEB first completes an independent individual evaluation of each proposal. Then the TEB meets to agree on a single consensus evaluation as a group; there is no voting.
- Tradeoff Process – TEB members document in detail the strengths, weaknesses, significant weaknesses, and deficiencies of each proposal against the evaluation criteria disclosed in the solicitation and apply a rating.
- LPTA Process – After comparing the technical proposal to the measure for each factor and significant subfactor an objective rating is given (i.e., pass/fail).
The output of the TEB is an evaluation report of initial proposals supported by individual and consensus rating sheets for each technical proposal along with a list of any questions the TEB may have for offerors about their technical proposal.
Price Evaluation. Price evaluation is typically performed by the CO/KO with support from other subject matter experts such as a cost estimator, data analyst, auditor (and audit report), or cost/price analyst. Price is not rated but evaluated according to the solicitation. That evaluation is most often based on competition which is used to establish price reasonableness. However, in some situations, cost analysis may be required when prices appear skewed dramatically between offerors or when a cost-reimbursement contract is being used. In the case of large solicitations or those with multiple awards, a Price Evaluation Board (PEB) may be seated to streamline the price evaluation process. A full discussion of the price and cost analysis techniques that the Government may use are found in FAR Subpart 15.404 and 15.407, in case you need a sleep aid some night.
While all this evaluation is going on, it’s a waiting game. But there are a couple more things about the process to know.
#1 - What Exchanges Can Occur with the Government after Submission of Proposals (FAR Subpart 15.306)
[My advice…don’t pick up the phone and start bugging the CO/KO about what they thought of your proposal, ask when the selection will be done or a status update, or remind them of the proposal period that is ticking away. One, they will definitely remember you, and not in a good way. Two, they can’t tell you anything.] There are, however, three (3) types of exchanges that can occur with the Government after you submit your proposal. They are:
- Clarifications – clarify only certain aspects or resolve minor or clerical errors.
- Communications before the establishment of the competitive range (discussed below) – used to address adverse past performance information to which the offeror has not had the opportunity to respond.
- Exchanges after establishment of the competitive range – these are negotiations (aka, Discussions) tailored to each proposal.
#2 - Negotiations (Discussions)
After the initial proposal evaluations are complete, negotiations are exchanges that are undertaken with the intent of allowing the offeror to revise its proposal. At a minimum, the CO/KO must discuss with each offeror still being considered for award any deficiencies, significant weaknesses, and adverse past performance information to which the offeror has not yet had an opportunity to respond. The CO/KO is encouraged to discuss other aspects of the offeror’s proposal that could, in the opinion of the CO/KO, be altered or explained such that it materially enhances the proposal’s potential for award. However, the CO/KO is not required to discuss every area where the proposal could be improved. The scope and extent of discussions are a matter of the CO/KO’s judgment.
In discussing other aspects of the proposal, the Government may, in situations where the solicitation stated that evaluation credit would be given for technical solutions exceeding any mandatory minimums, negotiate with offerors for increased performance beyond any mandatory minimums, and the Government may suggest to offerors that have exceeded any mandatory minimums (in ways that are not integral to the design), that their proposals would be more competitive if the excesses were removed and the offered price decreased.
During all exchanges with industry, Government personnel need to exercise caution so as not to engage in any conduct or communications that-
- Favors one offeror over another,
- Reveals an offeror's technical solution,
- Reveals an offeror’s price without that offeror’s permission,
- Reveals the names of individuals supplying reference information about an offeror’s past performance, or
- Knowingly furnish protected source selection information (i.e., IGCE, acquisition strategy discussions, identities of evaluators, etc.).
#3 - Proposal Revisions (FAR Subpart 15.307)
Should the Government decide to establish a competitive range, proposal revisions may be requested in response to the Government’s initial evaluation findings. Every offeror still included in the competitive range will have the opportunity to provide a proposal revision. After negotiations, the Government will allow offerors to submit a Final Proposal Revision (FPR). Typically, the Government will set a firm date/time for the FPR submission.
We are at the point in the process where we need a drum roll, please. A DECISION!
Source Selection Decision (FAR Subpart 15.308).
Negotiations are done, FPRs are submitted, and the dust starts to settle as the Source Selection Authority (SSA) makes the source selection decision. The CO/KO is designated as the SSA unless the agency head appoints another individual for a program or category of contracts.
The decision is typically based on a comparative assessment of proposals as completed by the TEB and PEB. While the SSA most often uses Board reports and analyses to make the decision, the decision must represent the SSA’s independent judgment. If, by chance, the SSA disagrees with any of the assessments done by others, it typically sends the reports back to the Board(s), pointing out errors or discrepancies for re-review and correction.
However, the SSA may also decide to do an independent assessment of the facts and proposals without sending the information back to the Boards. The SSA would then document the discrepancies found, its assessment, the supporting information and facts used, and its reliance on its assessment in the final source selection decision. (This latter scenario rarely happens. However, when it does, it opens a HUGE protest door. I’ve seen a protest won on a very large Governmentwide contract because the SSA did not properly document the reason for its disregard for the TEB’s evaluation nor provided the supporting documentation relied upon for the decision made.)
The source selection decision is documented and includes the rationale for any business judgments and tradeoffs made or relied on by the SSA, including benefits associated with additional costs.
You’d think once a source is selected, it would be easy after that, right? Well, the source selection only identifies the “otherwise successful offeror(s).” There is still a lot for the CO/KO to do before the selected source(s) can be awarded a contract.
Responsibility Determination (FAR Subpart 9.1)
Once a source is selected, the CO/KO must make an affirmative written determination of responsibility. The general standards of responsibility are:
- Having adequate financial resources to perform the contract, or the ability to obtain them (FAR Subpart 9.104-3(a));
- Being able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;
- Having a satisfactory performance record (FAR Subpart 9.104-3 (b) and FAR Subpart 42.15).
- Having a satisfactory record of integrity and business ethics (FAR Subpart 42.15);
- Having the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors). (FAR 9.104-3(a).)
- Having the necessary production, construction, and technical equipment and facilities, or the ability to obtain them, as applicable (FAR 9.104-3(a)); and
- Being otherwise qualified and eligible to receive an award under applicable laws and regulations.
For small businesses, this responsibility determination includes the ability to meet the limitations on subcontracting found in FAR clause 52.219-14.
Congressional Notification (FAR Subpart 17.108)
CO/KOs must make information available on contract awards valued over $4.5 million (or at a threshold established by the agency) in time or the agency to announce it by 5 p.m. Eastern on the day of the award and agencies cannot make separate announcements before that time. Notifications excluded are:
(1) Those placed with the SBA under Section 8(a) of the Small Business Act;
(2) Those placed with foreign firms when the place of delivery or performance is outside the United States and its outlying areas; and
(3) Those for which a synopsis of the solicitation was exempted.
AND PAPERWORK (for the CO). But…before the ink has dried on that freshly signed contract…one thing must happen...
Notification of Unsuccessful Offerors and Debriefings (FAR Subpart 15.505 and 15.506)
Offerors eliminated from the Government’s competitive range may request a pre-award debriefing. The Government may refuse a pre-award debriefing request for compelling reasons if it is in the best interest of the Government. Offerors also should note that the information shared by the Government in a pre-award debriefing may be limited compared to the information the offeror will receive in a post-award debriefing.
The Government must conduct post-award debriefings with both successful and unsuccessful offerors upon receipt of a timely request (i.e., a request received within 3 days after the date on which the offeror received notification of a contract award). However, offerors are entitled to no more than one debriefing for each proposal, meaning if your firm received a pre-award debriefing the Government is not required to provide the business with a post-award debriefing. Offerors should consider the information available in each type of debriefing and decide when best to submit their debriefing request, pre- or post-award.
Offerors who submit an untimely debriefing request lose their right to a pre- or post-award debriefing.
AND another we pray doesn't.
Protest (FAR Subpart 15.507 and Subpart 33.1)
A Protest is a written objection by an interested party to any of the following a solicitation, cancellation of a solicitation, award or proposed award of a contract, or termination or cancellation of an award. Protests can be filed before the award or after the award. Protests can be filed to the agency or the Government Accountability Office (GAO) depending on circumstances.
Protests based on alleged apparent improprieties in a solicitation must be filed before bid opening or the closing date for receipt of proposals. Protests are often filed after the award and must be made within 10 days after the contract award or within 5 days after a debriefing date offered to the protester for any debriefing that is required, whichever is later. Performance is immediately suspended pending resolution of the protest unless continuing performance is in the best interest of the Government or urgent and compelling circumstances exist that will not allow waiting for a decision.
When filed with the agency, it is in the parties’ best interest to resolve all concerns raised by an interested party using “open and frank discussions” and the protestor may request an independent review of their protest at one level above the contracting officer by an employee with no previous personal involvement in the procurement. Agencies must make all efforts to resolve agency protests within 35 days after the protest is filed. When filed with the GAO, a recommendation on the protest is due within 100 days from the date of filing or within 65 days under the express option.
Phew! We made it!
Whether it was done in a month or over several (because it CAN take some time depending on the number of proposals received), it’s a meticulous process that is closely guarded by the CO/KO to move forward expeditiously to where meeting the mission starts and the customer gets what they need. Understanding this process helps you anticipate pitfalls as you prepare your proposal, navigate them when they occur, have a realistic expectation for the timeline, and celebrate your victory or move on with critical information for the next proposal.
Join us next month as we wrap up this series with the Contract Administration (Post-Award) Phase.
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What Does Nonstatutory Really Mean? (Weathering the RFO Series)
In my last article, I suggested that one of the biggest misconceptions surrounding the Revolutionary FAR Overhaul (RFO) is the idea that the FAR itself creates procurement policy. It doesn't. And if you are in GovCon, you should know that basic truth. Congress creates procurement policy. The FAR implements it. That distinction changes how we should think about the RFO. Instead of asking, "Why did they delete that?" I think we should first ask, "What purpose was that requirement serving?"
That brings us to one of the words that appears throughout the RFO.
Nonstatutory.
It sounds like a legal term. But in reality, it's become one of the most misunderstood words in the current conversation.
At first, I thought it was pretty straightforward. Like most people, the first time I read that the FAR Council intended to remove nonstatutory requirements from the FAR, my reaction was pretty simple. “That makes sense.” If Congress didn't require it, why should it stay? Then I caught myself. That question assumes something that isn't necessarily true. It assumes that if Congress didn't specifically require a procedure, the procedure probably isn't very important. After spending most of my career implementing procurement policy rather than simply reading it, I'm not sure that's always the right conclusion.
Let's Separate Those Two Very Different Questions
One of the things working as a Contracting Officer in Federal acquisition teaches you is that two questions can sound almost identical while leading to very different answers. And as Contracting Officers, we’ve been taught to pay attention to words and questions very carefully.
In this case, the first question is: Did Congress require this? That's a legal question.
The second question is: Why did this procedure exist? That's an acquisition question.
Sometimes the answer to both questions is the same.
Congress required it. Case closed.
But very often they aren't. And that comes out when you sit in a FAR policy working group meeting. You hear the discussion and debate over what Congress said is the law and the intent of that law, versus how we implement the law and ensure compliance with the law. In that room, the conversation always went back to…
--Congress established the objective and intent or outcomes.
--The FAR established the procedure with which to get there consistently and effectively across Government.
That's an important distinction.
Congress rarely tells Contracting Officers exactly how to conduct acquisition planning. Or exactly how to perform market research. Or exactly how to document a responsibility determination. Congress establishes policy. The FAR has historically translated that policy into repeatable acquisition practices. And for good reason. Left to their own devices, agencies have as many ways to do acquisition as the number of acquisition professionals they have on staff.
How FAR Actually Evolves
One thing I wish more people understood is that the FAR didn't appear one day as a finished document. It just evolved. Every acquisition professional has lived some part of that evolution.
--Congress passes legislation.
--The FAR Council implements it.
--GAO issues protest decisions that clarify how the rule should work.
--Courts interpret statutory authority.
--Inspectors General identify recurring weaknesses.
--Agencies develop better practices.
And eventually, some of those practices become regulatory language. Not because Congress required every sentence. Because the acquisition system learned something. That's why I hesitate whenever someone says, "It's only nonstatutory."
Maybe. (Insert my shoulders shrugging.) But that's not the whole story.
Think About It This Way
Imagine Congress passes a law requiring agencies to maximize practicable opportunities for small businesses. Congress doesn't necessarily prescribe every analytical step a Contracting Officer should take before deciding whether a procurement should be set aside.
But take that law, and if the FAR Council believes it should be incorporated into the regulation, it creates a FAR case and tasks one of two councils – the Civilian Agency Acquisition Council (CAAC) or the Defense Acquisition Regulations Council (DARC) – to proceed with FAR implementation.
Those entities lead and coordinate the writing of the FAR changes to include parameters and PROCESSES for implementation. These working groups of acquisition professionals from across government talk about how their interpretations and context can change based on the words used in writing the FAR changes. And that is why process and procedure start to become important. Context is everything. The words are chosen carefully and the decision to step through a procedure is not taken lightly.
Over time, once rules become final and their processes were implemented, those processes were then tied to other processes – existing, changing, and new – and then you get a series of procedures for things like market research (what determines its enough), acquisition planning (documenting the thought process behind the acquisition), bundling analyses (to ensure it can withstand scrutiny), and documenting acquisition decisions (to ensure the Government followed the process and procedures it said it would along with being compliant with the regulation and laws).
See how those processes and procedures help create consistency across government?
They are not the POLICY. They are how policy gets implemented. And that doesn't automatically mean every procedure put into action should remain forever. However, it does suggest we should understand what role processes and procedures have been playing before deciding they are no longer needed. Particularly with an acquisition workforce turned upside down through "The Fork" and DRP and people jumping ship. We don't have enough historical knowledge in place with those that remain with the requisite experience in making business decisions for the Government and its unquie considerations of public stewardship over profitability to "get it" without many of these processes and procedures still in place.
Was the point to clear the "old wood". I'm not naive enough to think that isn't the case. I most definitely was and is. But as we see -- pool liners, systems changes, running low on munitions, and a parasite causing real havoc all have real consequences.
This Isn't an Argument Against Simplification
Nothing here should be taken as an argument that every existing FAR provision deserves to stay. Frankly, it is the exact opposite. I've worked with the FAR long enough to know that it contains language that could be simplified, reorganized, or removed without affecting procurement outcomes. (How I wished I could have been part of the rewrite because I would have taken a few parts much further.)
The acquisition workforce has been asking for a more readable and user-friendly FAR for years. Industry also. In part, the RFO is responding to that need. And I think that part of the RFO is worthwhile.
But I go back to -- the question isn't whether simplification is good. The question is how we distinguish between simplifying regulations and simplifying implementation. They aren't always the same thing but those who have been sitting in policy while looking at work from on high often think they are. They don’t remember how process and procedure also drive faster and better decision-making along with more risk taking because a Contracting Officer can fall back on it.
The question I keep coming back to while reading the currently released FAR cases are the same ones over and over.
Now that “X” has disappeared, what function disappears with it?
Does that function still matter or has it moved somewhere else?
Will Contract Specialists and Contracting Officers still have the same tools available, and if not, how will agencies implement the statute consistently?
(Heck, we all know that agencies and even offices within agencies had a hard enough time WITH processes and procedures being consistent.)
But do you notice that's missing in those questions? I'm not asking whether the provision was statutory. I'm asking what it helped the acquisition workforce accomplish.
To me, that's the most useful conversation as these rules play out. It should be front of mind in our comments, too.
From the Contracting Officer's Chair
If someone had walked into my office twenty years ago and said, "Shauna, this requirement isn't statutory."
My next question probably would have been, "Okay...but why is it there?"
Not because I was defending regulations but because I was trying to understand whether removing that requirement would actually change how I approached an acquisition and create efficiencies. Should I push back and how far can I push the envelope? Or could I defend taking a different action yet still be compliant?
Some procedures existed because they genuinely improved decision-making. Others existed because they reflected old ways of doing business that no longer made sense. One of the responsibilities of a good Contracting Officer is learning to tell the difference.
I think understanding how to sort those out and not throw the baby out with the bathwater is exactly the responsibility we have as we evaluate the RFO as contracting professionals. We must be honest that, in many cases (and you know you did this) having process to fall back on actually helped with decision-making, efficiency, and consistency.
My Perspective
I’m interested in understanding the role that “requirement” played in the acquisition system, whether statutory or nonstatutory. Those two categories deserve very different conversations. Talking only about nonstatutory information that remains short-circuits the discussion we need to have. Statute tells us where a requirement came from, but experience helps us understand why it mattered. And why is might still be needed. I think we need both perspectives as we move forward reviewing proposed RFO changes.
What's Coming Next -- Article Three: If Congress Sets the Destination, Who Builds the Road?
One of the first places this conversation becomes very real is acquisition planning. The FAR has historically translated procurement objectives put in place by Congress into how we determine acquisition planning requirements. And that influences everything from competition to market research to small business participation.
Next, I’ll be talking about why acquisition planning became one of the foundations of federal procurement and what it means when many of those implementation details move from regulation to guidance…again, two very different things.
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Author: Shauna Weatherly, President, Federal Subcontract Solutions LLC (dba FedSubK). Shauna is a small business advocate and owner of FedSubK. FedSubK exists to simplify federal contracting, empowering small businesses with practical, understandable resources. We bring first-hand experiences in Federal contracting from multiple perspectives derived from roles held both in and out of Government over almost four decades of Federal service.
Visit us at fedsubk.com to learn more about--
Getting Started in Federal Contracting: fedsubk.com/begin-your-journey-here
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The FAR Isn't Procurement Policy (Weathering the RFO Series)
Over the past several months, one question has followed me almost everywhere I've gone and on most every phone call.
"Shauna, what do you think about the Revolutionary FAR Overhaul?"
It's a fair question. And I don't answer it. At least not right away.
Instead, I usually ask a question of my own.
"Which part?" Then I wait, maybe shuffle around, and take a deep breath. The reason I ask – and display some body language that shows I’m anticipating the answer -- is because the Revolutionary FAR Overhaul isn't a single regulatory change. It's a fundamental reconsideration of how the Federal Acquisition Regulation should be organized, what belongs in it, and perhaps most importantly, what doesn't.
Depending on who you ask, it's “the most significant acquisition reform in decades”, a “risky departure from the procurement system we've relied on for more than forty years”, or a big “nothing-burger”. And I understand all of those perspectives.
And yes, I do occasionally shoot from the hip. But before I deciding whether I fully agree or disagree with any particular change (proposed or in progress), I want us all to go back to this one much simpler question:
What problem is the FAR Council trying to solve?
I've learned over the years that procurement regulations don't appear or disappear by accident. Some exist because Congress required them. Some were added after GAO decisions exposed weaknesses in the acquisition process. Others grew out of Inspector General findings or years of agencies wrestling with the same recurring problems. Some were brought about to force consistent behavior and interpretation. And yes, many stayed in the FAR long after anyone could clearly explain why they were still there -- except maybe someone like me who has been living the FAR since FASA and before.
The biggest challenge is knowing which is which. Which were put into place for what reason.
That's why I decided to write Weathering the RFO. Not because I think I already know all the answers. But because I think we're asking the wrong questions about where we go from here.
Let's Start in a Different Place
One thing I've noticed as I've listened to conversations about the RFO is that many of us instinctively started with the FAR itself. We started asking questions like:
-- "Why did they delete this section?"
-- "Why did they move this guidance?"
-- "Why are they shortening this part?"
Those are reasonable questions. I'm just not convinced they're the first questions we should ask anymore. So I think we should start somewhere else. And that place with with Congress.
-- Congress, not the FAR Council, establishes federal procurement policy.
-- Congress decided that agencies should maximize practicable opportunities for small businesses.
-- Congress established full and open competition as the standard for federal contracting unless a statutory exception applies.
-- Congress created procurement integrity requirements, commercial acquisition authorities, and the socioeconomic programs that have shaped today's procurement landscape.
The FAR Council nor the FAR itself created those policies. FAR is how the rules Congress creates are implemented. That distinction may sound subtle, but I believe it's the key to understanding the RFO. The RFO doesn't rewrite the Small Business Act, the Competition in Contracting Act, or the Office of Federal Procurement Policy Act....or any others. Those statutes remain exactly where they've always been without exceptions, short of an Executive Order. Instead, I'm hoping the FAR Council is asking a different question:
What's the best way to implement those laws through regulation?
Throughout the proposed rulemaking, the FAR Council explains that its objective is to retain statutory requirements and those necessary for sound procurement while removing or relocating other material that has accumulated in the FAR over time. That theme appears consistently throughout the initial set of proposed FAR cases and reflects the broader objective of simplifying the regulation without changing the underlying statutory framework.
Once I started looking at the RFO through that lens, the conversation changed for me. I stopped asking, "Why did they remove this?" And I started asking, "How will agencies accomplish the same objective now?"
To me, that's the more interesting and important question. Process edicts written into the FAR -- by design -- have led behavior of Contract Specialists and Contracting Officers for decades.
When process disappears overnight and leadership says "read all this great stuff we've given you to explain what we did", what leads and drives behavior then?
Why This Matters
One of the advantages of spending nearly four decades inside the Federal Government system and near all of that in acquisition is that you develop a healthy respect for unintended consequences. I've seen relatively small policy changes fundamentally reshape acquisition practices. I've also seen sweeping reforms generate months of debate before settling quietly into the background with very little long-term impact.
I’m taking a step back now and resisting the temptation to label the RFO either a success or a mistake before I talk and work through the changes made from the lens of the Contract Specialist, Contracting Officer, Chief of Contracting, COR, and Project Manager who has lived and been tasked with implementing and guiding others through major acquisition reforms over the years. I'm using careful analysis and the experience of decades of best practices, lessons learned, “wish I could haves”, ... thinking through it all with the patience and insight to how acquisition policy gets implemented and absorbed within the workforce, and their behavior as it drops and becomes part of the new normal.
This is the lens it deserves.
Oh, there will almost certainly be changes that I think are dumb, or overdue. There may be others that concern me from the position of a small business advocate. And there will probably be a lot that fall somewhere in between. That's because procurement has never been about absolutes. It's about balance.
Competition and efficiency.
Flexibility and consistency.
Innovation and oversight.
Speed and stewardship.
Those competing priorities have always defined federal acquisition, and they don't disappear simply because the FAR suddenly becomes a shorter version of its former self.
The Conversation I Hope We Can Have
If you're looking for someone to tell you the RFO is either the best thing that's happened to acquisition in decades or the worst, you probably won't find that here. That's not because I don't have opinions (because you know I do, if you’ve followed me for any length of time). Anyone who has spent a career in federal acquisition has opinions. It's because experience has taught me that good procurement decisions rarely begin with conclusions. They begin with understanding.
In each article in this series, I'm going to explore the questions I found myself asking as I read through the proposed rules.
-- What was Congress trying to accomplish?
-- What was the intent?
-- How has the FAR historically implemented that objective?
-- What is the FAR Council proposing to change?
-- Why does the Council believe the change is appropriate?
And perhaps -- most importantly --What might this mean for the people who actually have to use these regulations?
· The Contracting Specialists and Contracting Officers.
· The Program and Project Managers.
· The Small Businesses Specialists.
· Small and large businesses.
· The Agency and industry attorneys.
· The acquisition leaders at all levels in the organization, particularly those with front line responsibilities to guide the acquisition workforce daily.
This is important because procurement policy doesn't live in the Federal Register.
It lives in acquisition offices across the Government, where real people make real decisions every minute of every day as tax dollars fly out the door.
THAT....That....that's where the ground zero of the RFO is taking shape and will determine the future use and participation by industry.
From the Contracting Officer's Chair
As an acquisition leader, I rarely acted on the strong urge to switch courses immediately upon policy changes. I wanted to understand the problem that the law or rule or FAR was trying to solve. I always wanted to see how I could tie changes into my business decision-making and critical thinking process I was already using as a Contracting Officer very successfully.
How did it make my analysis and decision process more solid but still ease my burden?
Sometimes a new requirement looked unnecessary until I learned it had been added after a series of successful GAO protests. Sometimes a procedure that seemed cumbersome turned out to be the Government's best evidence that a statutory obligation had been met. And often enough, a change in the regulation or a new regulation over time become little more than institutional inertia. Then there are the ones that just are what they are and you suck it up and keep plowing forward.
The point is I learned not to judge a requirement by its age or by the number of pages it occupied in the FAR. I tried to first understand its purpose.
-- Looking at the big picture.
-- Looking at the small picture.
-- Looking at it from the lens of industry.
-- What could I learn from the change?
-- What did it do for the overall mission?
-- How did it support stewardship of taxpayer funds?
That's the mindset I'm bringing to this series.
My Perspective
As I finished reading the first group of proposed RFO rules, one thought stayed with me.
I don't think the most important question is whether the FAR becomes shorter.
I think the more important question is whether the acquisition workforce still has the tools it needs to faithfully carry out the procurement policies Congress established that form the foundation of the regulation itself.
Sometimes simplifying a regulation removes unnecessary burden. Sometimes it also removes a process that quietly helped agencies demonstrate compliance with the law. The challenge and the opportunity is knowing the difference.
That's the conversation I hope Weathering the RFO encourages. Not because I expect everyone to agree with my observations but because I think the acquisition community benefits when we take the time to understand not only what changed, but why it matters.
What is Coming Next -- Article Two: What Does "Nonstatutory" Really Mean?
One of the phrases that appears throughout the Revolutionary FAR Overhaul is nonstatutory requirements. Now at first glance, it seems self-explanatory, but I'm not sure it is.
In the next article, we'll unpack that phrase and explore why understanding it may be one of the keys to understanding the entire Revolutionary FAR Overhaul.
Watch for it here.
Author: Shauna Weatherly, President, Federal Subcontract Solutions LLC (dba FedSubK). Shauna is a small business advocate and owner of FedSubK. FedSubK exists to simplify federal contracting, empowering small businesses with practical, understandable resources. We bring first-hand experiences in Federal contracting from multiple perspectives derived from roles held both in and out of Government over almost four decades of Federal service.
Visit us at fedsubk.com to learn more about--
Getting Started in Federal Contracting: fedsubk.com/begin-your-journey-here
Solutions and Our Trusted Support Provider Network: fedsubk.com/solutions-services
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The FAR Overhaul: Long-Deferred Maintenance on the Government's Procurement Highway
If you’ve ever worked in federal procurement — as a contracting professional, program manager, small business, prime, sub, or advisor — you’ve probably had this moment:
You’re doing your best to follow the rules…and suddenly you hit a clause, a cross-reference, or a requirement that feels like it came out of nowhere.
That’s because the Federal Acquisition Regulation (FAR) isn’t just a set of rules. It’s a highway system. A massive, heavily traveled road network that’s been patched, expanded, and rerouted for decades — and in many areas, it’s operating with years of deferred maintenance.
Let’s talk about what that really means using the highway analogy to explain why the Revolutionary FAR Overhaul isn't as "revolutionary" as some might think.
The FAR is like a Well-Traveled Federal Highway
The FAR is the main road that nearly every federal acquisition travels on. And like any highway system:
- Everyone uses it
- Everyone depends on it
- And over time, it’s been modified in ways that made sense in the moment… but created complexity later
If you look at any highway on Google Maps it shows a rather clean route. FAR, we were taught, was set up to be the same way: requirements, procedures, clauses, and guidance. But once you’re actually “driving” that road? Well, you realize the terrain is full of twists and turns. It's more complicated than you realized.
Hidden Guardrails: The Rules You Don’t See Until You Need Them
Some of the FAR’s most critical compliance safeguards are like guardrails buried under weeds or snow. They’re there for a reason: to prevent waste, protect fairness, ensure accountability. But they’re not always easy to spot. In practice, you often discover them when someone asks:
“Did you document that?”
“Where’s your justification?”
“Why didn’t you compete this?”
“Which clause applies here?”
That’s when you realize the guardrails were present the whole time — just not visible.
Guardrails are added all the time or in the process of being fixed (via rulemaking). But all that construction can clog up traffic and make the time for arrival (contract award) continually recalculate.
Hazards & Risks: Potholes, Speed Traps, and Fog
Now add in the hazards:
- Potholes = ambiguity and unclear language
- Fog = inconsistent interpretation across offices and agencies
- Construction zones = evolving policy updates, executive orders, and new mandates
- Speed traps = protests, audits, IG scrutiny, and compliance reviews
And these hazards hit different people differently. The same stretch of FAR may feel smooth to one team and treacherous to another. That’s not because the people are bad at driving — it’s because the road is uneven.
Side Roads & Gray Areas: The Detours Everyone Knows About
Then there are the side roads. Some are official alternate routes: simplified acquisition procedures, flexibilities, exceptions, and FAR “shortcuts” that exist for good reasons. Those are the routes people take because they’ve always taken them. Indicators might be hearing yourself or your peer say --
“We’ve always done it this way.”
“That’s how the last CO handled it.”
“This should be faster.”
“It’ll probably be fine.”
Side roads aren’t automatically wrong. But they come with risks, Eventually someone asks, “Why did you go that way instead of the main route?”
Others are the gray areas -- the gravel roads and roads only the locals (experienced COs/KOs) know. Those routes have to be navigated very carefully and even the best driver can have issues even if there is less traffic. Many times they beat those on the highway to their destination, but it's only because they know where all the seen and unseen hazards are from their years driving that route.
So What Is the FAR Overhaul, Really?
Here’s the key point:
✅ It is NOT building a new road.
✅ It is NOT bulldozing the FAR and replacing it.
✅ It IS road maintenance -- the kind that should've been done years ago.
And when you have decades of deferred maintenance, it takes a lot of work to make that road appear to be what it was all along.
But that's not "revolutionary". That's finally doing the work you've been putting off because you couldn't get to it.
The County (in this case, the FAR Council, being the governing body over the FAR and its contents) could always do a little better job at maintenance than they do. But their budget and resources are low and their workload demands are very high (just take a look at the FAR Open Case Report). Sometimes it takes a new Sheriff In town (a new Administration) driving down the highway see what those too close to it should have been aware of all along. Layers upon layers of deferred maintenance.
The FAR Overhaul is best understood as freshening up the same highway.
- Clearing overgrowth = outdated and redundant material and non-regulatory clutter.
- Improving signage = clarity and usability.
- Standardizing merges and exits = better consistency and flow.
- Removing obsolete detours = non-regulatory clutter, outdated terminology, and rules that no longer serve their purpose.
And a bonus is the updated maps available for your travels (FAR Companion and Practitioner Albums)
The destination isn’t changing. But the route is FAR more functional -- see how I did that. ;)
Why This Metaphor Matters
When people hear the word “overhaul,” they often assume “Everything is changing.” But what this effort really signals is “We are fixing the road we’ve been driving on for decades.” That’s important because procurement has become more complex, acquisition timelines are under pressure, and both agencies and industry need guidance that is easier to understand, apply, and defend.
If the FAR Overhaul is the same old FAR highway with better pavement, clearer signs, fewer surprises, and, hopefully, less time lost in detours, fewer compliance collisions, and a smoother drive for everyone. The biggest difference is that now all travelers know what the locals knew all along. How to get from point A to point B in less time using an updated road system and map.
Safe travels on the FAR Highway in 2026!
The FAR Is a Highway System… and the Revolutionary FAR Overhaul Is Long-Overdue Road Work

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