To comment on a FAR proposed rule, search the FAR case number on regulations.gov, open the proposed rule, and click "Comment." Paste up to 5,000 characters or attach a letter. Two rules that reach A/E firms, FAR Case 2026-010 (Part 36) and FAR Case 2026-003 (the 6 percent fee cap), close on October 19, 2026.
Our earlier pieces covered what these rules change. This one covers how to file. A firm of 40 people can do it in one sitting, and it doesn't need a lawyer.
Which FAR Rules Can A/E Firms Comment On Before October 19?
The FAR Council published four proposed rules on September 18, 2026. Two of them change the rules for A/E work.
| FAR case | Citation | Parts covered | What it changes for A/E firms |
|---|---|---|---|
| FAR Case 2026-010 | 91 FR 59534 | 14, 28, 36, and 52 | Drops the six standard A/E selection criteria. Debriefings become "may be held" |
| FAR Case 2026-003 | 91 FR 59406 | 8, 12, 13, 15, 38, 44, and 51 | Limits the 6 percent A/E fee cap to cost-type contracts |
The details are in our FAR Part 36 proposed rule breakdown and our 6 percent fee cap explainer. Both rules say comments must arrive "on or before October 19, 2026, to be considered in the formation of the final rule."
How to Submit a Comment on Regulations.gov
The Part 36 rule's own instructions set the steps. The fee-cap rule works the same way.
- Find the rule. Go to regulations.gov and search the case number, for example "FAR Case 2026-010." Open the proposed rule, not a supporting document.
- Click "Comment." Pick whether you're filing as an individual, as an organization, or anonymously. A firm comment goes in as an organization.
- Write or attach. The comment box takes 5,000 characters, about 750 words. For anything longer, attach a letter. The rule asks you to put your name, your company name, and the FAR case number at the top of any attachment.
- Cite the case number. The rule says to "cite 'FAR Case 2026-010' in all correspondence." Put it in the first line.
- Submit and save the tracking number. The rule says to check that your comment posted two to three days after you submit. If it hasn't, the number is your proof you filed.
For questions about what the rule means, the FAR Council lists FARpolicy@gsa.gov, with the case number in the subject line.
What Should an A/E Firm's Comment Say?
Regulations.gov's own tips for effective comments put it plainly: "The comment process is not a vote." One well-supported comment can matter more than a stack of form letters. What makes a comment well supported is your own experience, in numbers.
Here is a template for the debriefing change in the Part 36 rule. Fill in the brackets with your firm's real figures:
FAR Case 2026-010. [Firm name], [city, state].
We are a [number]-person [civil / structural / multidiscipline] engineering firm. Federal A/E work is about [percent] of our revenue. We submit about [number] SF330s a year to [agencies].
Proposed 36.202-3(f) says a debriefing "may be held." Current 36.607(b) says debriefings "will be held." In the last [number] years, debriefings led us to change [what you changed: key personnel, project selections, the Section H narrative] on [number] later submittals.
Without a debriefing, a small firm has no way to learn why it lost. We ask the FAR Council to keep debriefings mandatory for A/E selections, using the language of current 36.607(b).
That is four short paragraphs: who you are, the section, what it does to your firm, and the change you're asking for. Our Part 36 breakdown covers which arguments are strongest. A comment that supports a change counts as much as one that opposes it.
What to Leave Out of a Public Comment
The rule warns that comments "generally will be posted without change to regulations.gov, including any personal and/or business confidential information provided." Anything you file, your competitors can read.
- No fee rates or multipliers. For the fee-cap rule, describe the effect in ranges or as a share of contract value.
- No client names under a confidentiality clause, and no details of pursuits that are still open.
- No staff names. "Our lead bridge engineer" makes the point.
- No form letters. If your trade association is filing, send it your numbers instead of copying its letter.
Should You File Alone or Through an Association?
Do both if you can. ACEC sent the FAR Council a detailed letter on Part 36 in 2025, and AIA has already responded publicly to the fee-cap change. An association letter backed by member data carries weight. A firm's own comment adds something an association letter can't: one named small firm describing the effect on its own pursuits.
The SBA Office of Advocacy speaks for businesses under 500 employees in federal rulemaking. Its guide to federal rulemaking explains the process for small firms.
If time is short, here's a 30-minute plan. Spend 10 minutes reading the rule's summary and the section that affects you. Spend 15 minutes on the four paragraphs. Use 5 minutes to file and save the tracking number. Don't wait for October 19 itself. Give yourself a day of slack in case the site is slow.
Frequently Asked Questions
Can a small A/E firm comment on a FAR proposed rule?
Yes. Anyone can comment, including an individual, a firm, or an anonymous filer. The FAR Council considers every comment received by the deadline. A specific comment from a 30-person firm about its own pursuits is the kind of input the process asks for.
Are comments on FAR proposed rules public?
Yes. Comments generally post to regulations.gov without changes, including any confidential information you include. Leave out fee rates, client names, and staff names.
Can I comment on the FAR overhaul after October 19?
Not on these proposed rules. Comments must arrive on or before October 19, 2026, to be considered for the final rule. Later FAR overhaul rules will open their own comment periods.
What happens after the comment period closes?
The FAR Council reviews the comments and publishes a final rule, which may differ from the proposal. Neither rule gives a date for the final version. Until then, the current FAR applies.