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48 CFR · Federal Acquisition Regulation and Defense supplement

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The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

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105 sections with “3.405(a)”: the first 40

  • FAR 8.402 General.
    …), review delivery options, place orders directly with Schedule contractors (except see 8.405-6) and pay for orders using the Governmentwide commercial purchase card. (d)(1) eBuy, GSA's electronic request for quotation (RFQ) system, is a p…
  • FAR 8.404 Use of Federal Supply Schedules.
    … not apply to BPAs or orders placed against Federal Supply Schedules contracts (but see 8.405-5). BPAs and orders placed against a MAS, using the procedures in this subpart, are considered to be issued using full and open competition (see 6…
  • FAR 8.405-1 Ordering procedures for supplies, and services not requiring a statement of work.
    …allation, maintenance, and repair). For establishing BPAs and for orders under BPAs see 8.405-3. (b) Orders at or below the micro-purchase threshold. Ordering activities may place orders at, or below, the micro-purchase threshold with any …
  • FAR 8.405-2 Ordering procedures for services requiring a statement of work.
    …ns and the contractor's pricelists. For establishing BPAs and for orders under BPAs see 8.405-3. (b) Statements of Work (SOWs). All Statements of Work shall include a description of work to be performed; location of work; period of perform…
  • FAR 8.405-3 Blanket purchase agreements (BPAs).
    … or service that represents the best value. (2) In addition to price (see 8.404(d) and 8.405-4), when determining best value, the ordering activity may consider, among other factors, the following: (i) Past performance. (ii) Special feat…
  • FAR 8.405-6 Limiting sources.
    …micro-purchase threshold not placed or established in accordance with the procedures in 8.405-1, 8.405-2, or 8.405-3, the only circumstances that may justify the action are— (A) An urgent and compelling need exists, and following the proce…
  • FAR 27.409 Solicitation provisions and contract clauses
    …ess the contract is— (i) For the production of special works of the type set forth in 27.405-1, although in these cases insert the clause at 52.227-14, Rights in Data—General, and make it applicable to data other than special works, as app…
  • FAR 3.406 Records.
    …oses, agencies shall preserve any specific evidence of one or more of the violations in 3.405(a), together with all other pertinent data, including a record of actions taken. Contracting offices shall not retire or destroy these records unt…
  • FAR 8.405-5 Small business.
    …de orders and BPAs— (i) Follow the ordering procedures for Federal Supply Schedules at 8.405-1, 8.405-2, and 8.405-3; and (ii) The specific small business program eligibility requirements identified in part 19 apply. (b) Orders placed un…
  • FAR 19.507 Solicitation provisions and contract clauses.
    …side for any of the small business concerns identified in 19.000(a)(3), as described in 8.405-5 and 16.505(b)(2)(i)(F). Use the clause at 52.219-6 with its Alternate I when including FPI in the competition in accordance with 19.502-7. (d) …
  • FAR 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded.
    …actor shall not enter into any subcontract, in excess of the threshold specified in FAR 9.405-2(b) on the date of subcontract award, with a Contractor that is debarred, suspended, or proposed for debarment by any executive agency unless the…
  • FAR 5.301 General.
    …s supported by a limited-source justification (excluding brand name) in accordance with 8.405-6; or (ii) Task or delivery orders awarded without providing fair opportunity in accordance with 16.505(b)(2). (3) A notice is not required unde…
  • FAR 9.104-4 Subcontractor responsibility.
    …onsible for determining the responsibility of their prospective subcontractors (but see 9.405 and 9.405-2 regarding debarred, ineligible, or suspended firms). Determinations of prospective subcontractor responsibility may affect the Governm…
  • FAR 9.104-5 Representation and certifications regarding responsibility matters.
    …n order to demonstrate the offeror's responsibility to the contracting officer (but see 9.405); and (2) Notify, prior to proceeding with award, in accordance with agency procedures (see 9.406-3(a) and 9.407-3(a)), the agency official respo…
  • FAR 9.400 Scope of subpart.
    …oes cover the listing of ineligible contractors (9.404) and the effect of this listing (9.405), it does not prescribe policies and procedures governing declarations of ineligibility except for contractors that have been declared ineligible …
  • FAR 9.405 Effect of listing.
    …nless the agency head determines that there is a compelling reason for such action (see 9.405-1(a)(2), 9.405-2, 9.406-1(d), 9.407-1(d), and 26.505(e)). Contractors debarred, suspended, proposed for debarment, or voluntarily excluded, are al…
  • FAR 19.1408 Contract clauses.
    … a sole-source basis to, service-disabled veteran-owned small business concerns under 19.1405 and 19.1406. This includes multiple-award contracts when orders may be set aside for service-disabled veteran-owned small business concerns as des…
  • FAR 19.1508 Contract clauses.
    …ltiple-award contracts when orders may be set aside for EDWOSB concerns as described in 8.405-5 and 16.505(b)(2)(i)(F) or when orders may be issued directly to one EDWOSB contractor in accordance with 19.504(c)(1)(ii). (b) The contracting …
  • FAR 22.1703 Policy.
    …ffice to Monitor and Combat Trafficking in Persons at http://www.state.gov/j/tip/. See 47.405(b) for contract reporting requirements concerning training to prevent human trafficking for domestic carrier air transportation; 47.405(b) is not …
  • FAR 23.102 Authorities.
    (a) Section 208 of Executive Order 14057, Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability, dated December 8, 2021. (b) Paragraph G of section I of the Executive Office of the President's Office of Management and …
  • FAR 27.405-4 Other existing data.
    (a) Except for existing works pursuant to 27.405-2 or commercial computer software pursuant to 27.405-3, no clause contained in this subpart is required to be included in— (1) Contracts solely for the acquisition of books, periodicals, and…
  • FAR 52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services).
    …ngs or facilities. (xvii) 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l) (Applies to contracts when the agency identifies in the statement of work, …
  • FAR 52.219-14 Limitations on Subcontracting.
    …) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or (ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii); (5…
  • FAR 52.219-33 Nonmanufacturer Rule.
    … are— (A) Set aside for small business under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or (B) Issued directly to a small business concern under multiple-award contracts as described in 19.504(c)(1)(ii); (i…
  • DFARS 208.405-6 Limiting sources.
    …previously issued based on a limiting sources justification citing the authority at FAR 8.405-6(a)(1)(i)(B) or (C), follow the procedures at PGI 208.405-6.
  • DFARS 215.404-4 Profit.
    …r pricing data is obtained, except for cost-plus-award-fee contracts (see 215.404-74, 216.405-2, and FAR 16.405-2) or contracts with Federally Funded Research and Development Centers (FFRDCs) (see 215.404-75). There are three structured app…
  • DFARS 215.404-74 Fee requirements for cost-plus-award-fee contracts.
    …us-award-fee contracts, the contracting officer shall— (a) Follow the guidance in FAR 16.405-2 and 216.405-2; (b) Not use the weighted guidelines method or alternate structured approach; (c) Apply the offset policy in 215.404-73(b)(2) fo…
  • DFARS 225.772-3 Procedures.
    … exclusion records in the System for Award Management (SAM) database as required at FAR 9.405, to ensure that an entity identified in, or otherwise known to be involved in, the otherwise successful offer is not listed as ineligible in the S…
  • DFARS 243.204-70-7 Plans and reports.
    … in the Consolidated Undefinitized Contract Action (UCA) Management Plan required by 217.7405, the actions planned and taken to ensure that unpriced change orders are definitized in accordance with this subsection; and (b) Include in the C…
  • FAR 1.403 Individual deviations.
    Individual deviations affect only one contract action, and, unless 1.405(e) is applicable, may be authorized by the agency head. The contracting officer must document the justification and agency approval in the contract file.
  • FAR 1.404 Class deviations.
    …ept NASA, class deviations may be authorized by agency heads or their designees, unless 1.405(e) is applicable. Delegation of this authority shall not be made below the head of a contracting activity. Authorization of class deviations by ag…
  • FAR 3.501-2 General.
    …ubmission of Line Item Summaries”) and treatment of unreasonable price quotations (see 15.405).
  • FAR 5.406 Public disclosure of justification documents for certain contract actions.
    …lue greater than the simplified acquisition threshold must be posted in accordance with 8.405-6(a)(2). (c) Justifications for task or delivery orders greater than the simplified acquisition threshold and awarded without providing for fair …
  • FAR 6.206 Set-asides for service-disabled veteran-owned small business (SDVOSB) concerns eligible under the SDVOSB Program.
    …teran-owned small business concerns eligible under the SDVOSB Program to compete (see 19.1405). (b) No separate justification or determination and findings are required under this part to set aside a contract action for service-disabled ve…
  • FAR 6.502 Duties and responsibilities.
    …ion issued under multiple award contracts are properly planned, issued, and comply with 8.405 and 16.505. (3) Recommend goals and plans for increasing competition on a fiscal year basis to the agency senior procurement executive and the ch…
  • FAR 8.403 Applicability.
    …edures established for a Federal Supply Schedule take precedence over the procedures in 8.405. (c) In accordance with section 1427(b) of Public Law 108-136 (40 U.S.C. 1103 note), for requirements that substantially or to a dominant extent …
  • FAR 8.405 Ordering procedures for Federal Supply Schedules.
    …his section apply to all schedules. For establishing BPAs and for orders under BPAs see 8.405-3.
  • FAR 9.104-6 Federal Awardee Performance and Integrity Information System.
    …n order to demonstrate the offeror's responsibility to the contracting officer (but see 9.405); and (2) Notify, prior to proceeding with award,in accordance with agency procedures (see 9.406-3(a) and 9.407-3(a)), the agency official respon…
  • FAR 9.106-4 Reports.
    …e Contractor (General); SF 1404, Preaward Survey of Prospective Contractor—Technical; SF 1405, Preaward Survey of Prospective Contractor—Production; SF 1406, Preaward Survey of Prospective Contractor—Quality Assurance; SF 1407, Preaward Sur…
  • FAR 9.405-2 Restrictions on subcontracting.
    …the agency head states in writing the compelling reasons for this approval action. (See 9.405 concerning declarations of ineligibility affecting subcontracting.) (b) The Government suspends or debars contractors to protect the Government's…

FAR (chapter 1)

DFARS (chapter 2, Defense)

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Rule changes in progress: FAR, DFARS. Terms: glossary.