FAR Part 1 vs. RFO Part 1: The Death of the “Prescriptive” Era
In the legacy system, FAR Part 1 established the “Federal Acquisition Regulations System.” Under the Revolutionary FAR Overhaul (RFO), Part 1 has been re-engineered. It is no longer just a roadmap; it is the legal shield for Contracting Officers to exercise Professional Discretion without fear of administrative reprisal—provided the mission is met.
The “Big Shift”: Regulation vs. Guidance
The RFO has stripped approximately 40% of the word count from FAR Part 1. Non-statutory procedures regarding the maintenance of the FAR have been offloaded to the Strategic Acquisition Guidance (SAG). For the Air Force CO, this means the “shalls” have been reduced, and the “mays” have been empowered.
Side-by-Side Comparison
| Feature | Legacy FAR Part 1 | New RFO Part 1 |
|---|---|---|
| Guiding Principles | FAR 1.102: Broad vision statement. | RFO 1.1: Explicitly authorizes any action not prohibited by law. |
| Authority | Based on 41 U.S.C. and 10 U.S.C. | Incorporates E.O. 14275 “Common Sense” mandates. |
| Ratifications | Detailed in 1.602-3. | Moved to SAG (Non-regulatory). |
| Deviations | Required for almost any variation. | Streamlined “Innovation Exceptions” for prototypes. |
Critical Change: The “Business Sense” Mandate
In RFO Part 1.102-4, the language has shifted from “The CO should…” to “The CO shall exercise business judgment to maximize mission capability.” This is a massive win for the career field. It codifies the “Contracting Officer as a Business Advisor” concept that the Air Force has pushed for years, but with actual regulatory teeth.
What Happened to Subpart 1.6 (Career Development)?
One of the most jarring changes for Air Force veterans is that FAR 1.6—the section governing our warrants and COR appointments—has been moved. While the legal authority to bind the Government remains in RFO Part 1, the certification requirements (formerly FAC-C) are now handled under the Professional Acquisition Workforce (PAW) Standards, which are updated annually outside of the formal rulemaking process.
Officer’s Intent: Do not look for procedural “checklists” in RFO Part 1. If you are looking for how to issue a warrant, go to the SAG. If you are looking for why you have the authority to sign a $100M D&F, RFO Part 1 is your source.
Relevant Regulations & Links