What the Experts Say

Federal Acquisition Experts Speak Out on the FAR Overhaul
All quotes from: Wifcon Podcast: Update on the Revolutionary FAR Overhaul, May 27, 2025. Listen Here

Misuse of Class Deviations

Experts highlight that class deviations are being broadly misused beyond their intended temporary and narrow scope.

"Class deviations were never intended to overhaul the entire FAR. They were intended to be specific and limited in scope."
– Vern Edwards

"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

Lack of Transparency and Public Oversight

Critical oversight and public accountability mechanisms mandated by the Administrative Procedure Act (APA) are being bypassed.

"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

"The informal comment process they're using doesn't meet the standards of public oversight required by law. There's no real visibility into how decisions are made."
– Don Mansfield

Undermining Market Research and Small Business Set-Asides

Removal of critical FAR Part 10 requirements diminishes the core protections enabling small business participation.

"They're stripping away critical market research provisions from FAR Part 10—these procedures were fundamental triggers for small business set-asides."
– Jim Nagle

"If you remove clear market research requirements, you're directly undermining the foundational process that ensures small business gets considered."
– Vern Edwards

Ambiguous and Unclear Guidance

Reliance on informal "buying guides" creates confusion and inconsistent agency practices.

"These new buying guides they're proposing aren't regulations. They don't have the force of law and will vary agency to agency, causing real confusion."
– Don Mansfield

"Agencies are going to interpret these buying guides differently, creating inconsistency and ambiguity across federal procurement."
– Ralph Nash

Questionable Legal Foundation

Deviations are implemented without sufficient legal justification or adherence to APA compliance.

"I don't see any legal justification presented for using deviations in this wholesale manner. Deviations need clear, specific justification—and we're not seeing it."
– Vern Edwards

"They're ignoring APA standards and requirements for legal justification altogether. This deviation approach raises serious questions of legality."
– Jim Nagle

Risks and Uncertainty for Small Businesses

The FAR overhaul exacerbates market unpredictability and poses significant threats to small business opportunities.

"Removing transparency, accountability, and clear market research standards directly threatens small business participation in federal procurement."
– Ralph Nash

"Small businesses depend on predictable rules. Weakening mandatory market research procedures significantly increases their risk and uncertainty."
– Jim Nagle

Practicality of Using Buying Guides

Relying solely on non-binding buying guides risks procurement effectiveness and enforceability.

"Relying on buying guides that aren't enforceable or authoritative might sound efficient, but practically speaking, it's probably unworkable."
– Vern Edwards

"This reliance on buying guides could either make or break the entire overhaul—they're essentially betting everything on informal guidance rather than enforceable rules."
– Don Mansfield

Expert Biographies

• Ralph C. Nash Jr. – Professor Emeritus of Law, The George Washington University Law School; leading authority on federal procurement law and co-founder/editor of the influential "Nash & Cibinic Report."
• James F. Nagle – Former Chief Counsel, U.S. Army Corps of Engineers; highly respected federal contracts attorney, educator, and author.
• Vernon J. Edwards – Former Senior Procurement Official, U.S. Air Force and Department of Defense; distinguished author and consultant renowned for his practical expertise in procurement.
• Don Mansfield – Professor of Contract Management at Defense Acquisition University, specializing in FAR compliance, regulatory analysis, and acquisition training.