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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 8 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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The revised <a href="https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-11">FAR Part 11</a> aligns with the Trump administration’s emphasis on commercial item acquisition, flexibility and reduced regulatory burden. According to the <a href="https://www.acquisition.gov/sites/default/files/practitioner_albums/far-part-11-agency-needs/content/index.html#/">Practitioner Album</a>, many provisions were consolidated or eliminated to “ensure requirements are clear, aligned with commercial practices, and avoid overly prescriptive specifications that limit competition.” Other notable highlights from the revised part include a stronger emphasis on performance-based requirements and the elimination of outdated or redundant clauses to better support commercial item acquisitions.

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<strong>Performance-Based and Commercially Aligned Requirements</strong>

Consistent with statutory requirements, the policy under FAR Part 11 mandates agencies to articulate requirements for acquiring supplies or services in terms of:

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The essential physical characteristics of the item or service

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This approach moves agencies away from rigid technical specifications and toward more flexible, performance-based contracting. It encourages proposals offering commercial and non-developmental solutions that satisfy the agency’s core needs rather than narrowly defined technical specifications. Contractors should prepare to place greater emphasis on demonstrating performance outcomes and functional capabilities in their proposals.

Sustainable procurement remains a priority. FAR 11.102(d)(1) mandates that agencies “shall procure sustainable products and services” and integrate sustainability into acquisition requirements where feasible. This continued focus gives contractors a strategic advantage when offering eco-friendly solutions.

Federal Acquisition Regulation (FAR) Reformation

FAR Part 11 – Describing Agency Needs

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