APA Hijack: How the FAR Overhaul Violates Federal Law and Threatens Small Business

Overview: A Clear Violation of Legal Procedures

The federal government is rewriting the Federal Acquisition Regulation (FAR) through an improper use of "class deviations," bypassing the Administrative Procedure Act (APA)—jeopardizing small businesses, the economy, and national security.

What is the Administrative Procedure Act (APA)?

The APA (5 U.S.C. §§ 551–559) mandates transparency, public accountability, and fairness in federal rulemaking, requiring public notice, comment periods, and clear agency responses and justifications.

How the FAR Overhaul Violates APA Procedures

  • No Federal Register publication for FAR changes.
  • Informal comments hidden from public view.
  • Misuse of "class deviations" intended for temporary, narrow cases—not broad regulatory changes.

What the Experts Say

"This process bypasses the APA completely—no Federal Register publication, no transparent public docket, no formal accountability. It's all done behind closed doors."
– Ralph Nash
"They're using class deviations like regular rulemaking, but that's not what class deviations are for. They're extraordinary measures, not routine regulatory changes."
– Jim Nagle
"Deviations need clear, specific justification—and we're not seeing it."
– Vern Edwards

Consequences: Immediate Risks to Small Business

  • Undermining Small Business Set-Asides by weakening market research requirements.
  • Creating ambiguity and inconsistency in procurement practices.
  • Reducing transparency and accountability for procurement decisions.

Why This Matters to All Americans

Small businesses drive economic growth, innovation, and national security. The illegal FAR overhaul undermines these critical sectors.

Urgent Call-to-Action: Protect Our Legal Rights

Demand transparency, fairness, and accountability in federal procurement:

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Conclusion: This is Not Just a FAR Overhaul—It's an Illegal Hijack

We must protect federal procurement integrity and small business opportunities. Act now to demand transparency, accountability, and adherence to the law.