David Mullis has been analyzing the FAR Overhaul from a small-business perspective for well over a year now. So when the FAR Council published its first batches of proposed rules last week, the former SBA Advocacy assistant chief counsel and current regulatory consultant at Gov Contract Pros was my first choice to break down how those rules affect small businesses. There are some surprises in there, David says. The proposed rules aren’t the same as what we saw published last year—instead, there are substantive policy changes. And there are some hidden changes for small businesses that you’ll miss if you read the 1,000 pages too quickly. Right now, David is pushing to get small businesses more time to comment on the rules. But, if the FAR Council keeps to its current schedule, comments will be due on July 23. David and I talked about the strategies that small businesses should use to make sure their comments are considered, and how they might play a long game to push back on the changes, even if they are finalized. Links David Mullis https://www.linkedin.com/in/david-mullis Gov Contract Pros https://govcontractpros.com FAR Overhaul Proposed Rules: * Parts 1, 2, 4, 33, 39, 40, and 53 https://www.federalregister.gov/d/2026-12559 * Parts 3 and 49 https://www.federalregister.gov/d/2026-12562 * Parts 5, 24, and 29 https://www.federalregister.gov/d/2026-12561 * Parts 6, 7, 10, 18, 26, 37, and 41 https://www.federalregister.gov/d/2026-12560 Executive Order on Restoring Common Sense to Federal Procurement https://www.federalregister.gov/d/2025-06839 “You Said, We Did: How Public Feedback on Model Deviations Informed the Proposed Rules” https://www.acquisition.gov/far-overhaul/you-said-we-did Open FAR Cases tracker https://www.acq.osd.mil/dpap/dars/opencases/farcasenum/far.pdf Regulatory Flexibility Act https://advocacy.sba.gov/resources/regulatory-flexibility-act/ SBA SBIR Policy Directive https://www.sbir.gov/about/policies FAR proposed Rule on Controlled Unclassified Information, January 2025 https://www.federalregister.gov/d/2024-30437 FAR Proposed Rule on Strengthening America’s Cybersecurity Workforce (NICE Framework), January 2025 https://www.federalregister.gov/d/2024-30504 Guide to the Regulatory Flexibility Act https://advocacy.sba.gov/resources/regulatory-flexibility-act/rfa-basics/ Regulations.gov docket for comments https://www.regulations.gov/comment/FAR-2026-0001-0003 Chapters 00:00 - Introduction to the FAR Overhaul 01:28 - What is the Revolutionary FAR Overhaul? 02:30 - The Significance of Proposed Rules 04:05 - The Rulemaking Timeline 06:01 - The Scope of the 12 FAR Rules 07:50 - Substantive Changes vs. Model Deviations 09:41 - The Impact of Public Comments and the Sunset Provision 13:30 - The Regulatory Flexibility Act and 10-Year Reviews 15:06 - Changes to Market Research (Part 10 to Part 7) 17:14 - The Push for COTS and Full and Open Competition 19:15 - Balancing COTS with Cybersecurity and Compliance Risks 20:22 - Oral Acquisition Plans 21:09 - The Impact on Small Business Programs 24:43 - Good News for SBIR/STTR Programs 27:13 - The New CUI and Cybersecurity Requirements 32:41 - The 30-Day Comment Period Debate 36:36 - Breaking Down the 12 Rulemaking Batches 37:48 - The Regulatory Flexibility Act (RFA) Explained 39:43 - The Missing Data in the Regulatory Flexibility Analysis 41:55 - The IRFA, FRFA, and Judicial Challenges 45:08 - The Role of the SBA Office of Advocacy 46:57 - Strategic Tips for Submitting FAR Overhaul Comments 51:38 - Conclusion and Contact Info Go to www.govconintelligence.com for a full transcript. With 20 years of Federal legal experience, Sam Le counsels small businesses through government contracting matters, including bid protests, contract compliance, small business certifications, and procurement disputes. Sam received his law degree from the University of Virginia and formerly served as SBA’s director of procurement policy. His website is www.samlelaw.com. This video is for informational purposes only and does not constitute legal advice. This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.govconintelligence.com
