FAR Rewrites and the Section 809 Vision
Recent lineouts of the Federal Acquisition Regulation (FAR), released in May 2025, signal a measured but meaningful attempt to modernize the federal procurement system in ways that echo many of the recommendations put forward by the Section 809 Panel. While not yet a wholesale overhaul, these proposed revisions—focused in particular on Parts 1, 34, and 52—introduce cultural and procedural shifts that move the FAR closer to the Panel’s vision of a simplified, mission-focused, and innovation-friendly acquisition environment. Whether this ultimately results in a truly transformative rewrite of the FAR remains to be seen, but the direction is unmistakably aligned in several key areas.
The revised FAR Part 1 embraces several of the Section 809 Panel’s central tenets. It encourages a shift from rigid compliance and risk avoidance to risk management, while promoting the empowerment of the acquisition workforce. Contracting officers are now explicitly authorized to act in the government’s best interest even where the FAR is silent, so long as they remain within legal boundaries. This is consistent with the Panel’s Recommendation IR-1, which prioritized mission outcomes above procedural box-checking, and Recommendations 36 through 42, which envisioned an empowered, portfolio-based acquisition framework. The FAR updates don’t go as far as redefining program execution around capability portfolios, but they adopt the spirit of flexible, accountable acquisition that the Panel championed.
Likewise, the new language in Parts 1 and 52 regarding early industry engagement and commercial solutions reflects a commitment to the dynamic marketplace that the Section 809 Panel emphasized. The Panel’s Recommendation 35 called for a dramatic restructuring of how DoD procures “readily available” products and services, arguing that commercial buying should be simplified and separated from the unnecessarily complex web of policies currently in place. The FAR revisions stop short of implementing this framework, but they do place more emphasis on early market research, reducing the stigma around using commercial terms, and promoting open communication—all recommendations that align closely with the Panel’s first volume.
Earned Value Management (EVM) provisions in FAR Part 34 and new clauses in Part 52 introduce another area of alignment with the Panel’s work. The updated rules require EVM compliance plans, pre- and post-award Integrated Baseline Reviews, and agency oversight of system implementation. These updates are clearly aimed at increasing transparency and cost control in major system acquisitions. However, there is a potential tension here. While the Section 809 Panel emphasized accountability, it also warned against applying traditional tools like EVM to Agile software programs, recommending that project managers be given the flexibility to use alternative oversight methods. The FAR revisions do not reflect that nuance and may inadvertently overregulate dynamic acquisition environments.
The inclusion of the Acquisition 360 Voluntary Survey in Part 52 introduces a formal mechanism for contractors to provide feedback to the government about preaward and debriefing processes. This small but meaningful step is aligned with Recommendations 84 through 87, which advocated for more robust communication with industry throughout the acquisition lifecycle. Similarly, the revised clause at 52.234-1 implements Title III of the Defense Production Act, showing progress in integrating industrial base policy into acquisition execution, a priority that received strong emphasis in Recommendation 64.
Despite these areas of alignment, key gaps remain. The FAR revisions have not yet adopted the Panel’s broader structural proposals—such as portfolio-based execution, the streamlining of Title 10 statutes, or the comprehensive redefinition of commercial item acquisition. The transformational elements of the 809 roadmap are still aspirational. Nonetheless, the current revisions represent a strong philosophical pivot in the right direction. The FAR is beginning to reflect a procurement culture that values speed, flexibility, and outcomes over process. Whether this will lead to the systemic change envisioned by the Panel depends on how future FAR Parts are revised and how aggressively agencies embrace the flexibility they’re now being given.
Disclaimer: This blog post is based on a preliminary comparison of proposed FAR revisions and the Section 809 Panel’s recommendations. The proposed FAR changes are not yet final and this content is intended for informational purposes only. It does not constitute legal advice or official guidance.
