Rules Erased. Rights Lost.

Introduction

In April 2025, the federal government launched the most sweeping overhaul of the Federal Acquisition Regulation (FAR) in decades, not by rewriting the law, but by illegally deleting the rules that made the law enforceable.^[1] This is not reform; it is the deliberate dismantling of the regulatory enforcement and transparency mechanisms that have upheld Congress's longstanding mandate for small business participation for seventy years.^[2]

This report calls this strategy what it is: the Deviation Doctrine—a new regulatory framework in which rules are erased, deviations replace law, and statutory protections are hollowed out without a single vote in Congress.

Our analysis reveals that while the Rule of Two remains statutorily mandated for smaller contracts,^[3] its regulatory enforcement for larger procurements has been effectively dismantled. The procedural triggers in market research have been deleted;^[4] the mandatory clauses that give the rule force in contracts have been removed; and the transparency that allowed for public oversight has been systematically replaced with a "shadow FAR" of internal, unpublished agency memos.^[5]

This is a constitutional abuse of power. The executive branch is creating new regulations outside of the required legal process and without the authority of Congress.

This assault is not a historical event; it is an ongoing crisis. The FAR overhaul is far from over. Each week, the FAR Council continues to delete established regulations and insert new, unauthorized frameworks without following the Administrative Procedure Act.^[6] Because this situation evolves daily, this document is a living report. We will track every new change, provide expert analysis, and document the consequences in real time.

We will use this platform to inform small businesses of the assault on their rights and make the case to Congress, the media, and the American people about the devastating effects this illegal overhaul will have on our communities and our country. Since the administration is denying the public's right to a full and transparent public comment process, we are creating our own Public Docket for your comments, discussions, and testimony.

---

---