GSA Official Says Agencies Are Free to Reject FAR Guidance

Government Contracts attorneys Jeremy Burkhart and Christian Nagel were quoted in a Law360 article examining insights shared during a Holland & Knight webinar on the Trump Administration's Federal Acquisition Regulation (FAR) overhaul. Speakers reviewed significant revisions underway and outlined the overhaul's four phases. Mr. Burkhart noted he does not expect major shifts in the bid protest landscape, as counsel can still argue that actions contrary to guidance are arbitrary and capricious, even if FAR itself no longer includes that guidance. Mr. Nagel added that if an agency departs from guidance when issuing an award, it will likely need to supply a written justification of its decision.

Mr. Burkhart also highlighted one of the most impactful changes for contractors: Agencies will be required to procure commercial products and services to the maximum extent possible through "required use contracts," which have yet to be defined.

"The takeaway here is that moving forward, having one of these required use or best-in-class contracts is going to really be important," he explained. "So, contractors need to do everything they can to try to get on these government-wide acquisition contracts or to get a GSA schedule contract."

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