The Overview: How to Survive and Thrive Under FAR Changes

This article summarizes the Federal Acquisition Regulation (FAR) changes produced by the Revolutionary FAR Overhaul. Use Table 1 to view the FAR Parts that changed, and Table 2 for the parts still awaiting overhaul. There is a descriptive summary of each FAR Part change following Tables 1 and 2, and a brief analysis of their impact on the GovCon bid and proposal industry.

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Table 1: 36 FAR Changes At-a-Glance

Part Number	Name	Change Date
1	Federal Acquisition Regulation System	05/22/2025
2	Definitions of Words and Terms	–*
3	Improper Business Practices and Personal Conflicts of Interest	09/11/2025
4	Administrative and Information Matters	08/14/2025
5	Publicizing Contract Actions	08/08/2025
6	Completion Requirements	06/27/2025
7	Acquisition Planning	09/04/2025
8	Required Sources of Supplies and Services	08/14/2025, 8/29/2025 (updated)
9	Contractor Qualifications	08/21/2025
10	Market Research	05/22/2025
11	Describing Agency Needs	06/18/2025
12	Acquisition of Commercial Products and Commercial Services	08/14/2025
17	Special Contracting Methods	09/11/2025
18	Emergency Acquisitions	06/12/2025
24	Protection of Privacy and Freedom of Information	09/04/2025
26	Other Socioeconomic Programs	08/08/2025
27	Patents, Data, and Copyrights	09/11/2025
28	Bonds and Insurance	08/28/2025
29	Taxes	07/17/2025
30	Cost Accounting Standards	08/28/2025
31	Contract Cost Principles and Procedures	07/17/2025
33	Protest, Disputes, and Appeals	08/21/2025
34	Major System Acquisition	05/02/2025
35	Research and Development Contracting	07/24/2025
36	Construction and Architect-Engineer Contracts	07/24/2025
38	Reserved (located in other Parts)	08/14/2025
39	Acquisition of Information and Communication Technology (ICT)	06/12/2025
40	Information Security and Supply Chain Security	08/14/2025
43	Contract Modifications	06/12/2025
44	Subcontracting Policies and Procedures	09/04/2025
46	Quality Assurance	08/21/2025
48	Value Engineering	08/28/2025
49	Termination of Contracts	08/21/2025
50	Extraordinary Contractual Actions and the Safety Act	07/31/2025
51	Resolved (found in other parts)	08/14/2025
52	Solicitation Provisions Contract	–*
*The government did not provide a date for the issuance of the FAR Part change.

Table 2: 16 FAR Clauses Still Awaiting Overhaul

Part Number	Part Name
13	Simplified Acquisition Procedures
14	Sealed Bidding
15	Contracting by Negotiation
16	Types of Contracts
19	Small Business Programs
20	Reserved
21	Reserved
22	Application of Labor Laws to Government Acquisitions
23	Environment, Sustainable Acquisition, and Material Safety
25	Foreign Acquisition
32	Contract Financing
37	Service Contracting
41	Acquisition of Utility Services
42	Contract Administration and Audit Services
47	Transportation
53	Forms

Description of FAR Changes

The following paragraphs summarize changes to 36 FAR Parts. Refer to the FAR Companion for additional guidance.

Part 1 – Federal Acquisition Regulation System (05/22/2025): The FAR Council added guiding principles that emphasize efficiency, innovation, and mission effectiveness. They instituted a “regulatory sunset” for non-statutory provisions and clarified that officials may exercise judgment when rules do not mandate specific actions.

Part 2 – Definitions of Words and Terms: This change updated and clarified key definitions used throughout the FAR. This ensures all stakeholders interpret common terms (like “commercial product” or “subcontract”) the same way. It also helps avoid disputes caused by differing interpretations of contract language.

Part 3 – Improper Business Practices and Personal Conflicts of Interest (09/11/2025): The Council restructured Part 3 to present safeguards, procurement integrity, kickbacks, contingent fees, whistleblower protections, contractor ethics programs, and personal conflict-of-interest controls in a streamlined subpart layout with updated clause usage.

Part 4 – Administrative and Information Matters (08/14/2025): This update simplified some reporting and administrative tasks required under contracts. Agencies are directed to collect data in a more standardized way, reducing burdens on contractors. It also introduced electronic tools for specific submissions. The goal is to improve efficiency and cut unnecessary paperwork.

Part 5 – Publicizing Contract Actions (08/08/2025): FAR Part 5 now requires agencies to use plain language in solicitations and notices so businesses can quickly decide whether opportunities are a fit. Acquisition teams actively engage industry throughout the process by issuing draft documents and presolicitation notices, and hosting events such as industry days to refine requirements and enhance proposal quality. Agencies expand their reach by supplementing SAM.gov postings with modern digital platforms, social media, and virtual engagement tools, while ensuring links point back to the official Government point of entry (GPE). Contracting officers also manage response times strategically, prioritize digital outreach over paid advertisements, and use presolicitation notices and GPE postings to gather market intelligence and feedback that strengthen acquisition outcomes.

Part 6 – Completion Requirements (06/27/2025): FAR Part 6 emphasizes early acquisition planning to maximize competition and innovation by breaking down large requirements, standardizing specifications, and exploring commercial solutions. Agencies use this proactive approach to identify barriers to competition, build multiple qualified sources, and reduce reliance on exceptions. When exceptions are necessary, contracting officers prepare clear, compelling Justifications and Approvals (J&As) that tell the story of mission needs, market analysis, and why alternatives will not work. Strong J&As align the cited authority with actual circumstances, demonstrate stewardship of taxpayer dollars, and withstand scrutiny from reviewers or potential challenges.

Part 7 – Acquisition Planning (09/04/2025): This change strengthens acquisition planning policies. Agencies must now demonstrate that requirements, budgets, and acquisition strategies are aligned before releasing solicitations. This encourages realistic schedules and reduces acquisition delays.

Part 8 – Required Sources of Supplies and Services (08/14/2025, 8/29/2025): This change requires agencies to fulfill requirements by first turning to excess personal property, Federal Prison Industries (UNICOR), and the AbilityOne Program, ensuring compliance with mandatory sources while reducing cost and waste. Then agencies must maximize efficiency by using existing contracts and category management vehicles such as Federal Supply Schedules, GWACs, and shared services to consolidate buying power and streamline procurement. Contracting officers should enhance outcomes by applying Periodic Table of Acquisition Innovations (PTAI) streamlining techniques for RFQs, making balanced best-value determinations, and managing award notices, explanations, and debriefings strategically to control the protest window.  

Part 9 – Contractor Qualifications (08/21/2025): FAR Part 9 recognizes contractor teaming arrangements—including partnerships, joint ventures, and prime-sub relationships—as legitimate ways to combine strengths, particularly for complex or R&D requirements, while keeping the prime fully responsible for performance. It also provides for defense production and R&D pools, which require Small Business Administration (SBA) or Defense Production Act (DPA) approval. It also allows members to collaborate on specialized contracts while maintaining compliance with competition rules. Contracting officers must consider total cost, not just the lowest prices, since poor performance or defaults can increase overall costs and reduce value to the government. Agencies may establish special standards of responsibility when acquisitions require unique expertise or facilities, provided the standards are justified and not unduly restrictive. Pre-award surveys are used only when necessary and avoided for simplified or commercial buys unless exceptional circumstances apply, ensuring responsibility determinations are efficient and risk-based. Finally, for recurring procurements, agencies can maintain a Qualified Bidders List (QBL) to pre-clear vendors for legal, security, or IT requirements, streamlining future acquisitions without committing to price in advance.

Part 10 – Market Research (05/22/2025): FAR Part 10 treats market research as an incremental process, starting with internal capabilities, then checking shared services and existing contract vehicles, and finally looking to the open market. Acquisition teams use this research to determine whether commercial products or services can meet needs with little or no modification, and whether small businesses or new entrants can compete. Agencies rely on data-driven insights from systems like SAM.gov, Contractor Performance Assessment Reports (CPARS), and Federal Procurement Data System (FPDS), along with industry publications, technical experts, and past procurements, to shape acquisition strategies. Market research also includes direct engagement with industry through industry days, presolicitation conferences, RFIs, and special notices, which helps refine requirements and inform competitive approaches. Contracting officers and program teams can hold one-on-one exchanges with vendors, provided they do not promise awards or disclose proprietary information. For smaller commercial acquisitions under simplified thresholds, a separate written market research report is not required, and award documentation can serve as sufficient evidence.

Part 11 – Describing Agency Needs (06/18/2025): FAR Part 11 directs agencies to describe needs through modular strategies, breaking large requirements into smaller components that broaden competition, reduce integration risks, and support incremental modernization. It introduces rapid capability integration tools, such as pilots, proof-of-concepts, and milestone-based contracts, that allow agencies to test emerging technologies before moving to full production. The guidance emphasizes outcome-based contracting, where agencies define results and performance metrics instead of prescribing methods, thereby fostering innovation, stronger partnerships, and solutions tied directly to mission outcomes. Agencies are encouraged to use collaborative requirements development by sharing drafts, hosting industry days, and gathering feedback to ensure solicitations reflect real-world practices. They are also reminded to use existing standards, avoid assigning inherently governmental functions to contractors, and properly mark contractor-generated documents. While performance-based specifications remain the preferred approach, agencies may use brand name or equal descriptions, when necessary, provided they identify salient characteristics.

Part 12 – Acquisition of Commercial Products and Services (08/14/2025): Acquisition professionals determine whether a product or service is commercial by distinguishing minor modifications, which preserve commercial status, from major customizations, which eliminate it, and by ensuring that service pricing reflects true market rates. Agencies must adopt modular acquisition strategies to break complex requirements into smaller, manageable components, reducing integration risk and enabling more frequent refreshes of technology. They must establish and regularly review blanket purchase agreements (BPAs) and rely on negotiated supplier license agreements whenever possible, engaging legal and technical experts when additional terms are needed. Contracting officers must apply simplified Part 12 procedures and PTAI innovations for acquisitions up to $7.5M (or $15M in certain cases), emphasize best-value determinations, and manage award notices, explanations, and debriefings to avoid unnecessarily extending protest windows.

Part 17 – Special Contracting Methods (09/11/2025): The Council reissued Part 17 to organize multiyear contracting (Subpart 17.1), options (17.2), leader-company contracting (17.4), interagency acquisitions (17.5–17.7 including DoD-on-behalf rules), and reverse auctions (17.8), with updated procedures and clauses.

Part 18 – Emergency Acquisitions (06/12/2025): FAR Part 18 directs agencies to plan ahead by awarding emergency response contracts in advance, ensuring they can respond immediately when disasters strike. Contracting officers may use the Emergency Procurement List flexibilities to act quickly, even without a formal emergency declaration. For acquisitions tied to defense or recovery from major threats, agencies may treat requirements as commercial buys, raising the simplified acquisition threshold from $7.5M to $15M. Simplified request for quote (RFQ)-to-purchase order procedures, supported by PTAI evaluation techniques, streamline procurement, reduce delays, and ensure agencies can deliver rapid and effective emergency response.

Part 24 – Protection of Privacy and Freedom of Information (09/04/2025): The FAR Council updated privacy protection requirements. They revised rules on handling personally identifiable information. They clarified the Freedom of Information Act (FOIA) applicability to contract information. The updates also clarify what contract records are releasable under FOIA. Contractors may need to strengthen their own privacy protections to stay compliant.

Part 26 – Other Socioeconomic Programs (08/08/2025): FAR Part 26 clarifies procedures for the Indian Incentive Program, relying on subcontractor representations of eligibility unless challenged, with disputes referred to the Bureau of Indian Affairs (BIA) for resolution within strict timelines. It highlights the Disaster Response Registry in SAM.gov and the Emergency Procurement List, which help agencies quickly identify contractors ready to provide goods and services during emergencies. Contracting officers are also encouraged to support food donation programs, allowing contractors to give excess wholesome food to nonprofits that serve food-insecure populations. However, contractors bear full responsibility for costs, logistics, and safety, and food donations remain voluntary charitable contributions rather than allowable or reimbursable contract expenses.

Part 27 – Patents, Data and Copyrights (09/11/2025): The FAR Council streamlined Part 27 by removing lengthy policy narratives and relocating non-statutory “how-to” material, leaving a leaner core focused on statutory requirements. Sections on royalties, special works, existing works, and proposal data were simplified and now direct agencies to negotiate license terms on a case-by-case basis. Core Bayh-Dole, infringement, and rights-in-data frameworks remain intact, but agencies must now specify data and license rights directly in the contract.

Part 28 – Bonds and Insurance (08/28/2025): The FAR Council modernized references, cut obsolete language, and simplified and clarified insurance and bonding requirements. Contractors may need to carry updated coverage levels. This ensures the government is better protected against financial losses, particularly in relation to construction and service contracts.

Part 29 – Taxes (07/17/2025): The FAR Council clarified how taxes are treated in pricing. They removed outdated cross-references and rewrote sections in clear, plain language.

Part 30 – Cost Accounting Standards (08/28/2025): The FAR Council revised the applicability thresholds of Cost Accounting Standards (CAS). They clarified exemptions and waiver procedures. They streamlined rules for better readability. The updates aim to enhance consistency in cost reporting. Contractors should prepare for increased oversight of accounting practices.

Part 31 – Contract Cost Principles and Procedures (07/17/2025): The FAR Council reorganized cost principles by phase. They clarified which costs are allowable and unallowable. They streamlined cost documentation requirements. Contractors must review the updated rules when developing cost proposals. Failure to comply may result in rejected invoices or audits.

Part 33 – Protests, Disputes, and Appeals (08/21/2025): FAR Part 33 emphasizes that the strongest defense against protests is a clear, well-structured solicitation and strict adherence to the stated evaluation plan. Agencies are expected to safeguard trade-off evaluations by following published criteria, documenting whether proposal enhancements add value, and maintaining thorough, contemporaneous records to justify award decisions. Concise, bulleted documentation strengthens the record, while any misstatements or misrepresentations by an awardee may be referred to a suspending and debarring official. Contracting officers can reduce protest risks by providing timely debriefings and brief explanations, which start the Government Accountability Office (GAO) protest clock and avoid unnecessary extensions of the protest window. Debriefings are framed as opportunities for transparency and vendor learning, as well as for improving future solicitations. Finally, when disputes arise, contracting officers provide Boards of Contract Appeals with the necessary data and may employ Alternative Dispute Resolution (ADR) techniques to resolve issues more efficiently.

Part 34 – Major System Acquisition (05/02/2025): The FAR Council strengthened oversight requirements for large, high-dollar system acquisitions. Agencies must justify requirements more thoroughly and document risk management. This helps prevent waste in complex procurements. Contractors working on major systems should expect increased scrutiny of proposals.

Part 35 – Research and Development Contracting (07/24/2025): FAR Part 35 strengthens oversight of R&D contracts with educational and nonprofit institutions by requiring clear roles for principal investigators, approval for changes in key personnel, and annual reviews of basic agreements to ensure alignment with government expectations. It reaffirms that the purpose of R&D contracts is to advance scientific and technical knowledge, often in areas of uncertainty, and calls for flexible contracting environments that minimize administrative burden and encourage innovation. Contract types must reflect the maturity and risk of the work, favoring cost-reimbursement contracts for exploratory projects, fixed-price level-of-effort contracts for short-term tasks, and hybrid approaches as requirements stabilize. Agencies are encouraged to craft outcome-focused requirements that define goals and milestones without prescribing methods, while requiring contracting officer approval for subcontracting of key scientific tasks to safeguard quality. Proposals are evaluated on technical merit, feasibility, innovation, and return on investment (ROI), using peer reviews, scientific panels, and merit-based criteria rather than price alone. Finally, sponsoring agreements with Federally Funded Research and Development Centers (FFRDCs) establish missions, responsibilities, and restrictions on competition, with annual reviews and five-year renewals to ensure accountability and long-term success.

Part 36 – Construction and Architect-Engineer Contracts (07/24/2025: FAR Part 36 clarifies the distinction between Design-Bid-Build (DBB) and Design-Build (DB) acquisitions. Under DBB, agencies issue separate contracts for design and construction, while DB integrates both into a single contract to streamline delivery. The updates emphasize the use of performance-based requirements and place greater weight on qualifications and past performance over price when evaluating design-build proposals. Part 36 expands and encourages pre-award site visits to help vendors assess conditions, reduce assumptions, and minimize costly modifications after a contract award. To strengthen competition while managing industry investment, agencies are advised to shortlist three vendors in phase 2 of design-build procurements. Finally, Part 36 underscores the value of collaborative contract administration and experienced design-build teams, using practices such as co-location, structured partnering, and “over-the-shoulder” reviews to improve communication, reduce risk, and deliver better outcomes.

Part 38 – Reserved (08/14/2025): The FAR Council relocated material from this part into Part 8 and other sections. They reserved the part for future use. Contractors should check cross-references to ensure compliance. No new rules were created, but information moved to more logical places.

Part 39 – Acquisition of Information and Communication Technology (ICT) (06/12/2025): FAR Part 39 directs agencies to strengthen strategic planning for ICT acquisitions by aligning procurements with agency technology roadmaps, federal information governance, and OMB Circular A-130’s risk-based framework for security and privacy. To accelerate delivery, it promotes streamlined evaluation methods such as shorter proposals, oral presentations, and agile acquisition techniques that adapt to evolving mission needs. The rule emphasizes proactive risk management, urging agencies to use modular contracting, prototyping, and clear contract language to address risks tied to AI, cybersecurity, and supply chain vulnerabilities. Modular contracting is reinforced as a best practice, breaking large ICT projects into smaller, interoperable components that reduce risk, foster competition, and prevent vendor lock-in. Agencies are encouraged to adopt outcome-based contracting, focusing on performance metrics tied directly to mission outcomes rather than prescriptive methods, to drive innovation and strengthen government-industry collaboration. Finally, the updates call for innovative solicitation and evaluation approaches such as discovery sessions, technical demonstrations, phased down-selects, and negotiated performance commitments to attract new vendors and ensure awarded solutions deliver real capability.

Part 40 – Information Security and Supply Chain Security (08/14/2025): This was a major update focused on cybersecurity and supply chain risk management. FAR Part 40 makes it clear: information security and supply chain integrity are now core to every phase of acquisition. For contractors, this means agencies expect more than technical capability; they want proof that your products, services, and vendors are secure, trustworthy, and resilient. Acquisition teams bring in Chief Information Security Officers (CISOs), supply chain specialists, legal counsel, and program managers to evaluate not just what you deliver, but how you source, manufacture, and safeguard it. Solicitations must increasingly include supply chain risk criteria, rewarding companies that show transparency into their supply chains, strong security architectures, and the ability to mitigate risks tied to foreign ownership, data access, or delivery reliability. Once awarded, agencies will perform ongoing oversight, random testing, code reviews, and compliance checks. For GovCon firms, the message is straightforward: integrate security into your solutions, document your supply chain practices, and be prepared to demonstrate compliance.

Part 43 – Contract Modifications (06/12/2025): The FAR Council simplified modification procedures. They reduced text length. They clarified responsibilities and deleted redundant examples. Contractors now have clearer rights and responsibilities when modifications happen. This helps reduce disputes over scope changes.

Part 44 – Subcontracting Policies and Procedures (09/04/2025): The FAR Council simplified subcontracting requirements and updated the rules for managing subcontractors. Prime contractors must improve oversight and reporting. The changes are designed to ensure subcontractors meet performance and compliance obligations.

Part 46 – Quality Assurance (08/21/2025): The FAR Council tightened quality assurance rules. Contractors must demonstrate robust quality control systems. Agencies will conduct increased inspections and audits to verify compliance.

Part 48 – Value Engineering (08/28/2025): The FAR Council streamlined value engineering coverage. They moved details on sharing arrangements to Part 52. They kept statutory minimums intact. They encouraged contractors to suggest cost-saving or efficiency ideas. 

Part 49 – Termination of Contracts (08/21/2025): FAR Part 49 emphasizes that contract terminations, whether for default or convenience, must be managed with efficiency, fairness, and minimal government liability. Contracting officers are encouraged to anticipate potential terminations by including clear clauses, documenting performance risks, and maintaining records that support defensible decisions. The updates reinforce the importance of early communication with contractors and favor negotiation or settlement to avoid costly disputes. Agencies are advised to consider partial terminations or contract restructuring as alternatives when they better protect mission needs and taxpayer resources. The guidance also stresses timely resolution of termination claims through standardized formats and streamlined reviews. Finally, FAR Part 49 highlights close collaboration with legal, financial, and program offices to ensure compliance, reduce protest risks, and maintain continuity of mission support.

Part 50 – Extraordinary Contractual Actions and the Safety Act (07/31/2025): FAR Part 50 updates agency responsibilities under the SAFETY Act (Support Anti-terrorism by Fostering Effective Technologies Act of 2002). When a program office determines that a technology may qualify for SAFETY Act protection, it must request a pre-qualification designation notice from the Department of Homeland Security (DHS) once requirements are stable. This notice allows offerors to submit streamlined applications for SAFETY Act designation and receive expedited DHS review. The program office then provides the DHS documentation to the contracting officer for inclusion in the presolicitation notice, ensuring vendors are aware of the opportunity.

Part 51 – Resolved (08/14/2025): The FAR Council shortened this part. They retained basic termination procedures. They deleted repetitive language. Contractors should rely on new cross-references for guidance.

Part 52 – Solicitation Provisions Contract: The FAR Council refreshed standard solicitation provisions. They updated clause language for consistency. They reduced the number of duplicative clauses. Updates ensure agencies use the current standard language.

Analysis of Top FAR Changes

• Deviations now; rule-making later. Agencies are already using model deviations while formal notice-and-comment follows—so align your language and templates with the deviation text, not outdated boilerplate.
• Security and Supply Chain Take Center Stage (Parts 39 and 40): Cybersecurity, artificial intelligence (AI) risk, and supply chain integrity are now core evaluation factors. Contractors must demonstrate not only what they deliver but how securely they source, build, and protect it. Expect solicitations with tighter security requirements, ongoing compliance checks, and new opportunities for firms that can prove resilient supply chains.
• Planning and Competition Are No Longer Just Box-Checking (Parts 6, 7, 10, 11, 12): Market research, modular design, and outcome-based requirements are being institutionalized. Agencies must plan more realistically, test solutions through pilots and prototypes, and structure acquisitions to expand competition. For capture teams, this means more industry engagement early, and for proposal teams, more chances to shape requirements before the RFP drops.
• R&D and Innovation Contracts Get Flexible (Part 35): R&D acquisitions are shifting toward outcome-driven requirements, hybrid contracts, and peer review evaluations. Agencies are encouraged to avoid rigid specs and allow contractor innovation to flourish. Contractors will need to highlight technical merit, ROI, and innovative approaches over price alone.
• Construction and Design-Build Prioritize Qualifications (Part 36): The government is elevating past performance, collaboration history, and certifications over lowest price when evaluating design-build teams. Site visits, pre-award collaboration, and streamlined shortlists will reward firms that bring strong, experienced teams with a proven track record.
• Protests, Quality, and Terminations Demand Documentation (Parts 33, 46, 49):
  Clear evaluation criteria, bulleted documentation, and strong records are now critical defenses against protests. Agencies will tighten quality assurance and move quickly on terminations. Contractors must maintain meticulous records, anticipate potential risks, and be proactive in their communication to protect their interests.
• Simplification, Plain Language, and Digital Engagement (Parts 4, 5, 12, 44):
  The FAR Council is pushing for easier-to-read solicitations, standardized reporting, modern outreach tools, and streamlined subcontract oversight. Contractors should expect clearer RFPs, faster debriefs, and more digital engagement, but also increased accountability in subcontractor performance.

Conclusion

Plan early. Engage smartly. Write precisely. Lohfeld Consulting can help formulate capture with contract-vehicle strategies, tune Sections L and M to plain-language evaluation cues, and lock down data rights, security, and subcontracting. We’re prepared to help. Contact us today.

Relevant Information

Please refer to our previous blogs for deeper dives into selected FAR Part Changes:

• How to survive and thrive under FAR changes
• Far Part 1 Changes
• FAR Part 6 Changes
• FAR Part 10 Changes
• FAR Part 11 Changes
• FAR Part 18 Changes
• FAR Part 34 Changes
• FAR Part 39 Changes
• FAR Part 43 Changes

By Brenda Crist, Vice President at Lohfeld Consulting Group, MPA, CPP APMP Fellow

Lohfeld Consulting Group has proven results specializing in helping companies create winning captures and proposals. As the premier capture and proposal services consulting firm focused exclusively on government markets, we provide expert assistance to government contractors in Capture Planning and Strategy, Proposal Management and Writing, Capture and Proposal Process and Infrastructure, and Training. In the last 3 years, we’ve supported over 550 proposals winning more than $170B for our clients—including the Top 10 government contractors. Lohfeld Consulting Group is your “go-to” capture and proposal source! Start winning by contacting us at www.lohfeldconsulting.com and join us on LinkedIn, Facebook, and YouTube^(TM).