US OMB Memoranda

OMB M-26-12 Commercial Products and Services Acquisition Guidance

OMB Memorandum M-26-12 provides guidance to covered agencies implementing Executive Order 14271 on increasing acquisition of commercial products and services. The memorandum requires agencies to assess recently awarded and in-process acquisitions for non-commercial products and services for compliance with FASA, including the sufficiency of market research and price analysis. Covered agencies must submit a comprehensive report to OMB by May 4, 2026, detailing non-commercial contracts awarded between April 15 and September 30, 2025, by product service code, with specific disclosures required for awards over $10 million. Additionally, agencies must confirm their competition advocate holds a position at or above the head of the contracting activity level.

OMB CIO Monthly IT Contract Notification Requirements Under FITARA (May 2026)

Beginning in May 2026, CIOs of covered CFO Act agencies must submit monthly notifications to OMB of all IT contracts they personally approve, plus any IT contracts approved by delegees that directly enable digital services interaction with the public. Reports must be sent to ofcio@omb.eop.gov no later than the 10th of each month, covering the preceding month's activity. The requirement sunsets in October 2026 following the sixth and final report unless OMB notifies agencies of continuation.

OMB M-26-11 Cancels 2026 Penalty Inflation Adjustments Under Federal Civil Penalties Act

OMB Memorandum M-26-11 cancels the 2026 annual civil monetary penalty inflation adjustment under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, citing lack of October 2025 CPI-U data from BLS due to a lapse in federal appropriations. The Act requires October BLS data for annual cost-of-living adjustments and provides no alternative calculation method; OMB concludes it lacks statutory authority to use an alternative and warns that any effort to do so would face significant litigation risk. Agencies remain required to publish a Federal Register notice reflecting the annual adjustment outcome and to maintain and report penalty updates through their Agency Financial Reports per OMB Circular A-136.