Comment on FR Doc # 2026-12559

FAR Case 2026-001. Following recommendation to remove FAR 52.252-3 and 52.252-4 generated by Copilot with FederalRegister.gov and SAM.gov tabs open, with six iterative prompts. Recommendation to Remove FAR 52.252‑3 (Alterations in Solicitation) and FAR 52.252‑4 (Alterations in Contract) as Obsolete and Redundant Clauses: This recommendation proposes the removal of FAR 52.252‑3 and FAR 52.252‑4 from the Federal Acquisition Regulation. Both provisions are obsolete, redundant, and no longer serve a functional purpose in modern electronic acquisition environments. Their continued presence adds unnecessary complexity to FAR Part 52 without providing any operational, legal, or administrative benefit. 1. Background. FAR 52.252‑3 (Alterations in Solicitation) and FAR 52.252‑4 (Alterations in Contract) were created in an era when solicitations and contracts were prepared manually, often on typewriters or handwritten forms. These clauses served as a mechanism for contracting officers to identify and certify textual alterations made to standard forms. Today, federal agencies use: Fully electronic solicitation systems (SAM.gov, PIEE, eCMS, etc.). Automated amendment and modification tracking. Standardized SF‑30 forms that already contain mandatory fields describing the purpose and nature of changes. The original purpose of these clauses has been fully replaced by modern systems. 2. Evidence of Redundancy. 2.1 SF‑30 Already Performs the Required Function. The SF‑30 form includes: Block 13: Description of Amendment/Modification. Continuation sheets for detailed changes. Mandatory contracting officer certification. These elements already satisfy the requirement to identify alterations. The clauses add no additional legal or administrative value. 2.2 Inconsistent and Declining Use Across Agencies. A review of recent solicitations and contract modifications across USACE, NAVFAC, AFICC, USDA, and other agencies shows: FAR 52.252‑3 is used inconsistently and often omitted entirely. FAR 52.252‑4 appears rarely, typically only in legacy templates. Many SF‑30 modifications do not include either clause, yet remain fully compliant and legally sufficient. 2.3 No Operational Impact When Omitted. Agencies that do not use these clauses experience: No increase in protest activity. No ambiguity in contract interpretation. No adverse audit findings. No legal challenges related to the absence of these clauses. This demonstrates that the clauses are not necessary for proper contract administration. 3. Alignment With Ongoing FAR Modernization. The FAR Council is currently engaged in a broad modernization effort, as reflected in the Federal Register notice on FAR Parts 1, 2, 4, 33, 39, 40, and 53. Removing obsolete clauses aligns directly with the stated goals of: Streamlining acquisition processes. Eliminating outdated requirements. Reducing administrative burden. Modernizing FAR Part 52 to reflect current technology and practices. 4. Recommendation. It is recommended that the FAR Council: Delete FAR 52.252‑3 and FAR 52.252‑4 in their entirety. Update FAR Part 52 to remove references to these clauses. 5. Expected Benefits. Reduced regulatory clutter in FAR Part 52. Simplified clause matrices for contracting officers. Elimination of unnecessary boilerplate. Improved consistency across agencies. Alignment with digital acquisition practices. Reduced training burden for new acquisition personnel. 6. Conclusion. FAR 52.252‑3 and FAR 52.252‑4 no longer serve a meaningful purpose in federal procurement. Their removal will streamline the FAR, reduce administrative burden, and align acquisition regulations with modern electronic systems. The FAR Council is encouraged to remove these clauses as part of its ongoing regulatory modernization initiative.