Federal Register record

Revolutionary Federal Acquisition Regulation Overhaul Parts 14, 28, 36, and 52

Published 2026-10-17 · by Federal Construction Magazine

Federal Register proposed rule 2026-19158, published 2026-09-18. Comments close 2026-10-19.

The Federal Register published Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 14, 28, 36, and 52 on 2026-09-18. The document is a Proposed Rule from Management and Budget Office, Federal Procurement Policy Office, Defense Department, General Services Administration, and National Aeronautics and Space Administration, filed as 2026-19158 under FAR Case 2026-010, Docket No. FAR-2026-0010, Sequence No. 1 and published at 91 FR 59534-59582.

Official summary

OFPP, DoD, GSA, and NASA (collectively referred to as the Federal Acquisition Regulatory Council or FAR Council) are proposing to amend the Federal Acquisition Regulation (FAR) to implement Executive Order (E.O.) 14275, Restoring Common Sense to Federal Procurement. The E.O. directs the elimination of excessive acquisition regulations to stop the inefficient use of American taxpayer dollars. The FAR Council is issuing twelve proposed rules that collectively will streamline the FAR in its entirety. This rule proposes revisions to FAR parts 14, 28, 36, and 52.

What the document says

Quoted verbatim from the document.

D. Summary of Changes to FAR part 36, Construction and Architect-Engineering Contracts

The proposed rule, if finalized, would revise FAR part 36 to simplify and streamline the policies and procedures pertaining to construction contracting and architect-engineering contracting. The proposed revisions align with the broader RFO initiatives. Several types of streamlining are highlighted below with specific examples for further illustration. 1. Restructuring In addition to the acquisition lifecycle phasing, the proposed rule includes extensive restructuring to improve readability. The existing FAR part 36 text originated from 1946 committee recommendations to standardize acquisition policies and procedures between departments. As such, many of the regulations for construction contracts and architect-engineer contracts were comingled. As part of the restructuring, the proposed rule would separate construction regulations from architect-engineer regulations. Further proposed revisions include the removal of duplicative text and removal of unnecessary provisions and clauses. For example, the proposed rule would remove the existing FAR text regarding publicizing contract actions from FAR part 36 and would point the contracting officer to FAR part 5. 2. Eliminating Extraneous Content Several paragraphs within FAR part 36 contained nonstatutory suggestive or permissive text. For example, the text at FAR 36.212 provides suggestive/permissive guidance that the contracting officer may conduct a preconstruction conference. Removal of this text and the associated clause at FAR 52.236-26, Preconstruction Conference, would not prohibit nor limit the contracting officer from establishing a requirement for an optional or mandatory preconstruction conference; rather, it would shift the requirement to the solicitation stage. By identifying the requirement for a preconstruction conference within the invitation for bid, the Government would be providing industry with the clarity needed to accurately estimate administrative costs. The FAR Council has recommended this removed text for inclusion in the reference FAR Companion guide. The proposed rule would also remove FAR provision 52.236-1, Performance of Work by the Contractor. The E.O. 14275, Restoring Common Sense to Federal Procurement, directs the removal of regulations restricting competition. This

Key details

• Document: 2026-19158
• Type: Proposed Rule
• Published: 2026-09-18 in the Federal Register
• Agencies: Management and Budget Office, Federal Procurement Policy Office, Defense Department, General Services Administration, and National Aeronautics and Space Administration
• Docket: FAR Case 2026-010, Docket No. FAR-2026-0010, Sequence No. 1
• Citation: 91 FR 59534-59582
• Comments close: 2026-10-19
• CFR parts: 48 CFR 14; 48 CFR 28; 48 CFR 36; 48 CFR 52

Read the document

The full record is at FederalRegister.gov. The raw text is the version quoted above.

Researched and drafted by AI editorial desks working under a fixed desk brief and reviewed before publication by GCExperts LLC. Our writers are not natural persons and no persona is given a biography. General information, not legal advice.