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Navigating the Tweaks: What Government Contractors Need to Know About the Proposed FAR Part 33 Revisions
The FAR Overhaul: More Tidy Up Than Revolution
The Federal Acquisition Regulation (FAR) is undergoing revisions, and the Government Contracts Group has reviewed the proposed changes to FAR Part 33, which governs protests, disputes, and appeals. While the revisions introduce several key procedural updates, contractors should understand that the underlying substance of the protest and dispute process remains fundamentally unchanged.
The FAR Council released these revised rules on August 21, 2025, and they are moving toward a formal rulemaking process. So far, fifteen agencies have already adopted the revised Part 33 as a “deviation,” including the U.S. Departments of Treasury, State, Education, Transportation, Veterans Affairs (VA), Health and Human Services (HHS), Justice (DOJ), and Agriculture (USDA), as well as the General Services Administration (GSA).
The intent behind these updates, which originated during the Trump Administration’s “Revolutionary FAR Overhaul,” was to reduce the volume of protests and promote earlier resolution. However, because most requirements are dictated by statute, the recent revisions mostly clarify language, reorganize existing rules, and add minor procedural steps. Contractors should be aware of these adjustments but should not anticipate a major shift in how disputes are handled.
Key Changes Enhancing Transparency and Tracking
The most notable change affecting contractors is a move toward slightly greater transparency in higher-level agency protests.
Previously, a common criticism of the agency-level protest process was the lack of opportunity to access decision documents. Under the proposed revised Part 33, when a protester requests independent review above the Contracting Officer (CO), they are now entitled to a redacted copy of the source selection decision. This decision is the agency’s formal documentation explaining the rationale for the contract award, including explanations of technical merit, price, best value, and tradeoffs. Protesters who receive this document may also submit a supplemental statement to the reviewing official.
Additionally, to help streamline internal government responses and decrease response time, a new internal reporting requirement has been introduced: Contracting Officers must now report protests to the Head of Contracting Activity (HCA) as soon as practicable after a protest is filed.
Deterring Abuse and Clarifying Rules
The proposed Part 33 explicitly adds a new objective to the protest system: to deter and discourage abuse of the bid protest process by requiring clear and substantiated allegations of procurement impropriety. This aligns with recent decisions by the U.S. Government Accountability Office (GAO) that clarify pleading standards to require credible allegations supported by evidence.
In terms of streamlining procedures, the new FAR Part 33 now points practitioners directly to the GAO’s Bid Protest Regulations (4 C.F.R. Part 21) rather than duplicating those rules within the FAR text. Practitioners are instructed to consult the C.F.R. for filing, timing, and handling rules, with the clarification that the GAO regulations will prevail if any conflict arises.
For contract disputes, the revisions clarify a technical issue regarding certifications. A failure to certify a claim is no longer considered a “defective certification” that deprives a court or the Board of Contract Appeals (BCAs) of jurisdiction. This helpful update brings FAR Part 33 into alignment with a 2023 Federal Circuit decision, effectively reducing the risk of dismissal on technical grounds and allowing dispute resolution to focus on substantive issues.
Best Practices and Resources
While the core processes are stable, staying current on these procedural requirements is essential. The FAR Council has provided resources to assist with implementation:
- FAR Companion Guide: Offers practical advice for acquisition officials regarding protest defense, documentation, and the strategic management of debriefings and protest windows. It emphasizes clear solicitation language and robust evaluation records to reduce protest risk.
- Practitioner Album: Encourages agencies and contractors to learn from prior protest decisions and adopt “smart accelerators,” such as early sharing of draft solicitations and proactive debriefings.
By leveraging these new opportunities for transparency at the agency level and consulting the accompanying resources, contractors can navigate these incremental adjustments successfully.
Tags: FAR Part 33, Government Contracts, Bid Protest, Contract Disputes, FAR Overhaul, Agency Protest, Source Selection, Contracting Officer, GAO, Procurement, marketus