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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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63 sections with “Capacity”: the first 40

  • FAR 31.205-17 Idle facilities and idle capacity costs.
    (a) Definitions. As used in this subsection— Costs of idle facilities or idle capacity means costs such as maintenance, repair, housing, rent, and other related costs; e.g., property taxes, insurance, and depreciation. Facilities means pl…
  • FAR 19.803 Selecting acquisitions for the 8(a) program.
    …, including any and all information pertaining to the participant's technical ability and capacity to perform. (3) The participant's present production capacity and related facilities. (4) The extent to which contracting assistance is nee…
  • FAR 52.249-10 Default (Fixed-Price Construction).
    …r of the public enemy, (ii) acts of the Government in either its sovereign or contractual capacity, (iii) acts of another Contractor in the performance of a contract with the Government, (iv) fires, (v) floods, (vi) epidemics, (vii) quarant…
  • DFARS 252.229-7009 Relief from customs duty and value added tax on fuel (passenger vehicles) (United Kingdom).
    … in accordance with the following allowances: (1) Vehicles (except taxis) with a seating capacity of less than 29, one gallon for every 27 miles. (2) Vehicles with a seating capacity of 29-53, one gallon for every 13 miles. (3) Vehicles …
  • FAR 52.222-41 Service Contract Labor Standards.
    … other than any person employed in a bona fide executive, administrative, or professional capacity, as these terms are defined in part 541 of title 29, Code of Federal Regulations, as revised. It includes all such persons regardless of any …
  • FAR 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026.
    …Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541; and (C) Regardless of the contractual relationship alleged to exist between the individual a…
  • DFARS 252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies.
    …f a contract with the DoD is prohibited from serving— (1) In a management or supervisory capacity on this contract; (2) On the board of directors of the Contractor; (3) As a consultant, agent, or representative for the Contractor; or (4…
  • FAR 3.303 Reporting suspected antitrust violations.
    …s when at least one of the competitors has sufficient technical capability and productive capacity for contract performance; (8) Any incidents suggesting direct collusion among competitors, such as the appearance of identical calculation o…
  • FAR 3.601 Policy.
    …t of the individual's activity as a special Government employee; (2) In the individual's capacity as a special Government employee, the individual is in a position to influence the award of the contract; or (3) Another conflict of interes…
  • FAR 4.2301 Definitions.
    …enticity, and integrity of covered articles and their supply and compilation chain; (11) Capacity to mitigate risks identified; (12) Factors that may reflect upon the reliability of other supply chain risk information; and (13) Any other…
  • FAR 11.402 Factors to consider in establishing schedules.
    …volved; (3) Required completion date; (4) Availability of materials and equipment; (5) Capacity of the contractor to perform; and (6) Use of multiple completion dates. (In any given contract, separate completion dates may be established…
  • FAR 14.202-7 Facsimile bids.
    … requirement; (3) Frequency of price changes; (4) Availability, reliability, speed, and capacity of the receiving facsimile equipment; and (5) Adequacy of administrative procedures and controls for receiving, identifying, recording, and …
  • FAR 15.407-2 Make-or-buy programs.
    …description of factors to be used in evaluating the proposed program, such as capability, capacity, availability of small, small disadvantaged, women-owned, veteran-owned, HUBZone, and service-disabled veteran-owned small business concerns …
  • FAR 17.605 Award, renewal, and extension.
    …ore award to assure themselves that the prospective contractor's technical and managerial capacity are sufficient, that organizational conflicts of interest are adequately covered, and that the contract will grant the Government broad and c…
  • FAR 19.502-1 Requirements for setting aside acquisitions.
    …etermined to be in the interest of maintaining or mobilizing the Nation's full productive capacity, war or national defense programs; or (2) Assuring that a fair proportion of Government contracts in each industry is placed with small busi…
  • FAR 19.601 General.
    …to all elements of responsibility, including, but not limited to, capability, competency, capacity, credit, integrity, perseverance, tenacity, and limitations on subcontracting) for the purpose of receiving and performing a specific Governm…
  • FAR 19.602-1 Referral.
    …ertain elements of responsibility (including, but not limited to, capability, competency, capacity, credit, integrity, perseverance, tenacity, and limitations on subcontracting but for sureties see 28.101-3(f) and 28.203-1(e)), the contract…
  • FAR 19.705-4 Reviewing the subcontracting plan.
    …lized or not generally available in the commercial market, consider the offeror's current capacity to perform the work and the possibility of reduced subcontracting opportunities. (5) Evaluate subcontracting potential, considering the offe…
  • FAR 19.812 Contract administration.
    …or to the actual relinquishment of ownership or control, except in the case of death or incapacity where the waiver must be submitted within 60 calendar days after such an occurrence. The clauses in the contract entitled “Special 8(a) Contr…
  • FAR 22.001 Definitions.
    … other than any person employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541. The term “service employee” includes all such persons regardless of any contractual relations…
  • FAR 22.401 Definitions.
    …r than manual. Persons employed in a bona fide executive, administrative, or professional capacity as defined in 29 CFR part 541 are not deemed to be laborers or mechanics. Public building or public work means building or work, the constru…
  • FAR 22.1102 Definition.
    … any person meeting the definition of employee employed in a bona fide . . . professional capacity given in 29 CFR part 541. The term embraces members of those professions having a recognized status based upon acquiring professional knowled…
  • FAR 22.1901 Definitions.
    …Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541, (C) Regardless of the contractual relationship alleged to exist between the individual and t…
  • FAR 22.1903 Applicability.
    …214(b); and (C) Those employed in a bona fide executive, administrative, or professional capacity (29 U.S.C. 213(a)(1) and 29 CFR part 541). (c) Agency Labor Advisors, as defined at 22.001, are listed at https://www.sam.gov and are availa…
  • FAR 27.303 Contract clauses.
    …es and in which the distinctive features include only— (i) Variations in size, shape, or capacity of conventional structures; or (ii) Purely artistic or aesthetic (as distinguished from functionally significant) architectural configuratio…
  • FAR 31.109 Advance agreements.
    …aircraft, or as related to maximum per diem rates; (9) Costs of idle facilities and idle capacity; (10) Severance pay to employees on support service contracts; (11) Plant reconversion; (12) Professional services (e.g., legal, accountin…
  • FAR 31.205-6 Compensation for personal services.
    …ary 2, 1999— (1) The Chief Executive Officer (CEO) or any individual acting in a similar capacity at the contractor's headquarters; (2) The four most highly compensated employees in management positions at the contractor's headquarters, o…
  • FAR 32.409-1 Recommendation for approval.
    …report on the contractor's past performance, responsibility, technical ability, and plant capacity. (d) Comments on (1) the contractor's need for advance payments and (2) potential Government benefits from the contract performance. (e) Pr…
  • FAR 32.503-2 Supervision of progress payments.
    …on to progress payments outstanding or to be outstanding, (2) with management of doubtful capacity, (3) whose accounting controls are found by experience to be weak, or (4) experiencing substantial difficulties in performance, full informat…
  • FAR 34.100 Scope of subpart.
    …ct authorizes various forms of Government assistance to encourage expansion of production capacity and supply of industrial resources essential to national defense.
  • FAR 36.602-1 Selection criteria.
    …ervation, pollution prevention, waste reduction, and the use of recovered materials; (3) Capacity to accomplish the work in the required time; (4) Past performance on contracts with Government agencies and private industry in terms of cos…
  • FAR 36.603 Collecting data on and appraising firms' qualifications.
    … to: (1) Location; (2) Specialized experience; (3) Professional capabilities; and (4) Capacity, with respect to the scope of work that can be undertaken. A firm's ability and experience in computer-assisted design should be considered, …
  • FAR 37.201 Definition.
    …idual who is appointed in the civil service by one of the following acting in an official capacity: (i) The President; (ii) A Member of Congress; (iii) A member of the uniformed services; (iv) An individual who is an employee under 5 U.…
  • FAR 41.202 Procedures.
    … scope of the term “entire utility service” includes the provision of the utility service capacity, energy, water, sewage, transportation, standby or back-up service, transmission and/or distribution service, quality assurance, system relia…
  • FAR 45.301 Use and rental.
    …oduction purposes; however, rental charges shall apply to that portion of property or its capacity used for non-government commercial purposes or otherwise authorized for use. (c) The contracting officer cognizant of the Government propert…
  • FAR 47.303-1 F.o.b. origin.
    …vernment; or (ii) If not specified, order appropriate carrier equipment not in excess of capacity to accommodate shipment; (3) Deliver the shipment in good order and condition to the carrier, and load, stow, trim, block, and/or brace carl…
  • FAR 47.303-6 F.o.b. destination.
    …ss such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including “pigg…
  • FAR 49.108-4 Authorization for subcontract settlements without approval or ratification.
    …r authorized to approve subcontractor settlements may also exercise this authority in its capacity as a subcontractor, with respect to its terminated subcontracts and orders. When exercising this authority as a subcontractor, the contractor…
  • FAR 50.103-2 Types of contract adjustment.
    …xtent. When the Government directs its action primarily at the contractor and acts in its capacity as the other contracting party, the contract may be adjusted in the interest of fairness. Thus, when Government action, while not creating an…
  • FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.
    …of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall no…

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.