Comment on FR Doc # 2026-12559

On behalf of the Professional Services Council (PSC), we are pleased to provide comments on the Federal Acquisition Regulatory Council (FAR Council) proposed rule on “Revolutionary Federal Acquisition Regulation Overhaul Parts 1, 2, 4, 33, 39, 40, and 53” (FAR Case 2026-001), as published in the Federal Register on June 23, 2026. This proposed rule supports implementation of Executive Order (E.O.) 14275, “Restoring Common Sense to Federal Procurement,” which states U.S. policy to “create the most agile, effective, and efficient procurement system possible. Removing undue barriers, such as unnecessary regulations, while simultaneously allowing for the expansion of the national and defense industrial bases is paramount. Accordingly, the FAR should contain only provisions required by statute or essential to sound procurement, and any FAR provisions that do not advance these objectives should be removed.” As you know, PSC is the leading trade association and voice of the government contracting industry, representing the full range and diversity of the federal services, technology, and solutions sector. PSC’s 400+ member companies provide mission-critical solutions to the federal government and range in size from start-ups to multinational organizations. Together, PSC member companies employ nearly one million American workers and contribute—through commercial and government contracts—roughly $1 trillion annually to the U.S. economy. The Revolutionary FAR Overhaul (RFO) represents a landmark opportunity to modernize the federal acquisition system by reducing compliance requirements that are not based in statue, providing clarifications where necessary, and empowering federal government officials to exercise sound acquisition judgment in support of agency missions. PSC strongly supports these objectives. Further, PSC believes the RFO Phase II rulemaking process has been essential to ensuring that a more streamlined, flexible framework leads to administrable and consistent regulatory requirements. At the same time, such streamlining should not lead to new uncertainties, diminished competition, or unanticipated compliance burdens for contractors whose work supports the effective, efficient achievement of federal missions. As the FAR Council revises the very foundations of our nation’s federal acquisition system—including but not limited to those provisions impacting contractor representations, protests, information and communication technology, controlled unclassified information, and solicitation clauses—PSC urges the FAR Council to preserve the health and vitality of the American industrial base that is critical to mission success; key elements of this RFO effort must address appropriate contractor protections, clear implementation guidance and transition periods, and confidence that final rules promote innovation, competition, and desired acquisition outcomes. Based on member company and staff input on the proposed rule, PSC offers the following recommendations to help ensure the final rule is practical, predictable, and consistent with the RFO’s objectives. The FAR Council should: I.Retain significant improvements to the CUI framework II.Establish a prospective, workable transition to NIST SP 800-171 Revision 3 III.Define when the 72-hour reporting period begins IV.Clarify lost or stolen devices and encrypted media V.Make government identification and marking discipline enforceable VI.Harmonize cloud and subcontractor responsibilities VII.Clarify application to existing contracts and avoid unfunded retrofits VIII.Remove FAR 33.100(d) and (e) and the related incumbent finding IX.Limit recurring solicitation-specific representations X.Avoid unnecessary clause renumbering and cross-reference burdens XI.Preserve existing data-rights principles in Part 39 and the FAR Companion XII.Retain the uniform reasonable inquiry standard for security prohibitions Please see attached PDF for additional comments and recommendations on each of the topics listed above.