Navigating the FAR Overhaul and Its Consequences

VII. Recommendations & Immediate Actions

The profound economic, competitive, and operational threats posed by the ongoing FAR overhaul and the Deviation Doctrine demand immediate and forceful congressional action. To reverse the damage, restore fair access, and protect small business competition, Congress, federal agencies, economic leaders, and public advocates must urgently implement the following concrete actions:

1. Immediately Restore Regulatory Enforcement and APA Compliance

• Congress must explicitly require federal agencies to immediately cease issuing deviations and regulatory revisions that circumvent the APA’s mandatory transparency, accountability, and public comment procedures.¹⁴
• Regulatory processes must explicitly reinstate and publicly document compliance with APA notice and comment procedures, ensuring transparent, accountable, and legally sound regulatory changes.¹⁴

2. Explicitly Codify the Rule of Two in Federal Statute

• Congress must strengthen and explicitly codify the Rule of Two within the Small Business Act and related procurement statutes, reinforcing that the rule is not discretionary but legally mandatory across all federal agencies.¹⁸
• Enforce rigorous oversight to guarantee agency compliance with explicit Rule of Two requirements in market research, procurement strategies, and award criteria.

3. Mandate Transparency and Accountability in Class Deviations

• Agencies must be required by law to publish all class deviations publicly, including detailed rationales and anticipated impacts, ensuring transparency and allowing meaningful public and industry oversight.¹⁷
• Explicitly legislating public transparency will eliminate the current ambiguity and discretionary practices that threaten uniform regulatory enforcement.

4. Ensure AI and Automation Integrate Statutory Protections

• Congress must explicitly mandate that any federal procurement systems employing AI, machine learning, or automation strictly integrate and enforce statutory protections, particularly the Rule of Two.¹⁹
• Require independent audits and transparency reports of AI procurement systems to verify compliance with statutory mandates and eliminate embedded biases against small businesses.¹⁹

5. Strengthen Congressional Oversight and Public Accountability

• Congressional committees must significantly enhance oversight of federal procurement practices, explicitly examining agency compliance with statutory protections, APA requirements, and transparency in AI-driven procurement systems.^16,18
• Public accountability should be reinforced by regular public reporting, hearings, and mandated transparency disclosures to ensure agency actions align strictly with congressional intent and statutory obligations.

6. Establish Legal Accountability and Remedies

• Formally notify federal agencies in writing regarding their APA violations, explicitly documenting non-compliance and potential consequences, including judicial remedies.¹⁴
• Where appropriate, initiate or support judicial actions to compel APA adherence, seeking injunctive relief to halt illegal deviations and enforce transparency.¹⁴

7. Establish an Independent Transparency and Public Comment Forum (APA Transparency Project)

• We are launching the APA Transparency Project, an independent public forum dedicated to openly receiving, publishing, and permanently documenting public comments, insights, and concerns regarding FAR changes, class deviations, and APA compliance violations.^14,17
• Comments and feedback collected through this forum will be directly communicated to congressional representatives, explicitly highlighting district-specific impacts and constituent concerns to strengthen accountability.
• We will regularly publish clear, concise summaries and analyses highlighting government transparency failures, regulatory impacts, and critical stakeholder perspectives, providing an essential accountability resource for policymakers, media, and the public.

8. Immediate Legislative and Regulatory Actions Needed

• Legislation to Enforce APA Adherence: Immediate introduction and passage of legislation explicitly mandating full APA compliance for all federal procurement regulatory changes, including those implemented via class deviations.
• Rule of Two Codification Act: Immediate bipartisan legislation explicitly codifying the Rule of Two into permanent federal statute, ensuring mandatory adherence and clear legal recourse for small businesses.
• AI Procurement Transparency Act: Legislation mandating explicit integration of statutory procurement protections into all federal AI-driven procurement processes, including regular audits, transparency reporting, and public accountability mechanisms.

9. Final Call to Action

Immediate, decisive, and unwavering action is required. The integrity, fairness, and competitive vitality of federal procurement depend upon prompt and forceful congressional intervention. Delayed action risks permanent, irreversible harm to America’s economic competitiveness, local communities, and innovation.