Two proposed rules landed four days apart in September 2026. Together, they move the rulebook agencies use to buy from your Schedule.
The Revolutionary FAR Overhaul proposes deleting FAR Part 38 and moving Federal Supply Schedule ordering procedures out of FAR subpart 8.4 into a new GSAR Subpart 538.71. Your GSA Schedule does not change overnight. What changes is where the rules for placing orders, setting up BPAs and adding order-level materials live: in GSA’s own regulation instead of the FAR.
What Did the September 2026 Proposed Rules Change?
The FAR Council and GSA each published a proposed rule, and the two are designed to fit together. Neither is final, and both are open for public comment.
| Proposed rule | Published | Comments due | What it does for Schedule holders |
|---|---|---|---|
| FAR Overhaul, Parts 8, 12, 13, 15, 38, 44 and 51 | September 18, 2026 | October 19, 2026 | Removes Part 38 as duplicative of the GSAR, folds Part 51 into Part 8, and trims FAR ordering guidance so agencies follow program-specific procedures |
| GSAR, Federal Supply Schedule ordering procedures | September 22, 2026 | October 22, 2026 | Creates GSAR Subpart 538.71 to hold FSS ordering, BPA and order-level materials rules |
The FAR rule reaches well beyond Schedules. It reorganizes Part 12 for commercial buys, rewrites parts of Part 15 and removes Part 51 entirely. For a GSA Schedule holder, though, the two changes that matter are the deletion of Part 38 and the new home for ordering rules.
Is FAR Part 38 Gone Now?
No. Part 38 stays in the FAR until the FAR Council issues a final rule, and there is no final rule yet.
Agencies have already been ordering under a FAR Part 8 class deviation (RFO-2025-08) issued to support Executive Order 14275, which is what our post on whether FAR 8.405 has changed covered. These proposed rules are the formal rulemaking step that would make that direction permanent.
What Moves Into GSAR 538.71?
The ordering rules agencies follow when they buy from a Schedule. GSA’s proposal sets up Subpart 538.71 with sections on general requirements, acquisition thresholds, BPA procedures and order-level materials.
The rewrite is also shorter. GSA says the proposal cuts Federal Supply Schedule ordering guidance from about 10,000 words to about 2,600. Less text usually means fewer required steps, and that is the real story for contractors.
Will Agencies Still Have to Compete Orders on My Schedule?
Yes. The proposal keeps Schedule ordering designated as a competitive procedure under 41 U.S.C. 152(3), so orders still count as competed.
What goes away are some of the formal steps that slowed orders down. The GSAR proposal removes mandatory evaluation plans, the requirement to score quotations and competitive range requirements for Schedule orders. Expect ordering officers to make decisions with fewer written stages, which puts more weight on a quote that is clear on the first read.
What Changes for BPAs Under the Proposed GSAR 538.71?
BPAs get one standard way to be set up regardless of dollar threshold, plus an annual review requirement. If you hold a BPA off your Schedule, that annual review is the paragraph to read twice, because it becomes a recurring moment when an agency looks at whether your BPA still makes sense.
If you hold one or more BPAs and don’t know when each was last reviewed, a Schedule management review will map which of them the new requirement touches before an agency raises it.
What Happens to Order-Level Materials?
The order-level materials requirements now sitting in GSAR clause 552.238-115 would move into Subpart 538.71. Today that clause caps order-level materials at 33.33% of an order’s total value and requires them to sit under the OLM SIN.
Relocation isn’t the same as change. When the final rule publishes, compare the new 538.71 text against 552.238-115 line by line before assuming the limits carry over unchanged.
What Should Schedule Holders Do Before October 22?
Five things, in order:
- Read the GSAR proposal’s 538.71 text. It’s short now, which is the point. The Federal Register notice has the full language.
- List every BPA you hold with its agency, ceiling and last review date.
- Check how you use order-level materials on current orders, so you know what a change to 552.238-115 would touch.
- Decide whether to comment. Comments on the FAR rule close October 19; comments on the GSAR rule close October 22. Both are submitted through the Federal Register notice.
- Watch for the Mass Mod. New GSAR language reaches your contract when GSA issues a Mass Modification that incorporates it. That’s the document to review closely before signing.
Our Take
The headline says a FAR part is being deleted. The practical change is smaller and more useful: fewer required steps between an agency’s need and an order on your Schedule. That rewards contractors whose pricing, catalog and past performance can be read quickly. Tighten those before the Mass Mod arrives, not after.
Frequently Asked Questions
Is FAR Part 38 gone now?
No. The FAR Council proposed removing Part 38 on September 18, 2026, and comments are open until October 19. Part 38 stays in effect until a final rule is published.
Does my current GSA Schedule contract change when these rules become final?
Not automatically. Changes reach an existing MAS contract when GSA issues a Mass Modification incorporating the new GSAR language and you accept it.
Will agencies still have to compete orders placed on my Schedule?
Yes. The GSAR proposal keeps Schedule ordering as a competitive procedure under 41 U.S.C. 152(3). It removes some formal steps, such as mandatory evaluation plans and scoring of quotations.
What changes for existing BPAs under the proposed GSAR 538.71?
The proposal standardizes how BPAs are established across dollar thresholds and adds an annual review requirement. Check each BPA’s terms and last review date now so a review doesn’t catch you unprepared.
How do I submit a comment on the proposed rules?
Use the comment link on each Federal Register notice. FAR comments close October 19, 2026 and GSAR comments close October 22, 2026.
Know What Changes for Your Schedule Before the Mass Mod Arrives
The new ordering rules will reach your contract as a Mass Mod with a signing window. Reading the change once, now, costs far less than reading it under that deadline with orders already in motion. We’ll go through your BPAs, your order-level materials use and the clauses most likely to move.
→ Start Your Rule-Change Impact Review
The contractors who read the rule first are the ones who sign the Mass Mod without surprises.
