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IMPACT OF PROPOSED OVERHAUL OF MARKET RESEARCH REQUIREMENTS OF FAR PART 10 UPON SMALL BUSINESSES

By Pamela J. Bethel

The FAR Council’s overhaul of FAR Part 10 – Market Research – directly threatens to shut women-owned, veteran-owned, service-disabled veteran-owned, and small businesses out of the competition before they even have a chance. This revision guts the long-standing requirement for contracting officers to identify capable small businesses and consult with SBA specialists—the very actions that trigger set- asides under the “Rule of Two.” In its place, the new rule offers only vague, discretionary language that allows agencies to design contracts for large firms from the outset.

We have never done this before, but we believe that this letter, from Margot Dorfman, CEO of the US
Women’s Chamber of Commerce, is essential and worth noting. We reprint it in full. July 2, 2025

The Fight Starts Now: FAR Friday Launches as Protections for Women-Owned Businesses Are Being Dismantled

For decades, a procedural safety net woven into the Federal Acquisition Regulation (FAR) has ensured small and women-owned businesses have a fair opportunity to compete for and win federal contracts. This system was not built on goodwill; it was built on clear, enforceable rules that required federal agencies to consider these firms at every step.

Today, that safety net is being systematically unraveled.

Under the banner of the “Revolutionary FAR Overhaul,” the federal government is quietly enacting the most sweeping rewrite of procurement rules in a generation. Bypassing the legally required public process, the FAR Council is fast-tracking these changes using class deviations—shutting out stakeholder input while opening the door for agencies to sideline women-owned and small businesses in favor of large, entrenched contractors. This is not just a policy shift; it is an urgent crisis that endangers the very foundation of small business contracting.

To arm you in this fight, the U.S. Women’s Chamber of Commerce is launching FAR Friday—a weekly advocacy bulletin designed to keep you informed and empowered. Each week, we’ll break down critical changes to the FAR, explain what they mean for your business, and provide clear, actionable steps you can take to protect your access to federal contracts. FAR Friday will also alert you to key deadlines, ensuring you never miss an opportunity to make your voice heard.

Act Now: Your First Mission is Critical

As we kick off FAR Fridays, we urge you to ACT BY THIS FRIDAY. Public comments on the disastrous FAR Part 10 overhaul are due by July 7, 2025. This may be your only opportunity to object before these damaging policies become permanent federal law.

The FAR Council’s overhaul of FAR Part 10 – Market Research – directly threatens to shut women-owned and small businesses out of the competition before they even have a chance. This revision guts the long- standing requirement for contracting officers to identify capable small businesses and consult with SBA specialists—the very actions that trigger set-asides under the “Rule of Two.” In its place, the new rule offers only vague, discretionary language that allows agencies to design contracts for large firms from the outset.

While individual comments won’t receive formal responses, every single submission helps build a critical record of opposition. This record will empower advocates, watchdog organizations, and members of Congress to challenge and reverse these sweeping changes. Your voice is urgently needed to prevent this damage from becoming permanent.

Submit your comment here.

This blog is for educational purposes only. Nothing posted on this blog constitutes or substitutes for legal advice, which can only be obtained from a personal consultation with a qualified attorney. Using this blog does not create an attorney-client relationship between you and the authors and/or O’Riordan Bethel Law Firm, LLP. Although the authors strive to present accurate information, the information provided on this blog is not guaranteed to be complete, correct or up-to-date. The views expressed on this blog are solely those of the authors and do not necessarily reflect the views of O’Riordan Bethel Law Firm, LLP.