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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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70 sections with “Determination and Findings”: the first 40

  • FAR 32.410 Findings, determination, and authorization.
    (a) Each determination concerning advance payments shall be supported by written findings (see 32.402(c)(1)(iii)). (b) The following is an example of the format and text of findings, determination, and authorization with alternative words,…
  • DFARS 216.601 Time-and-materials contracts.
    (d) Limitations. (i)(A) Approval of determination and findings for time-and-materials or labor-hour contracts. (1) Base period plus any option periods is three years or less. (i) For contracts (including indefinite-delivery contracts) and…
  • FAR 1.703 Class determinations and findings.
    (a) A class D&F provides authority for a class of contract actions. A class may consist of contract actions for the same or related supplies or services or other contract actions that require essentially identical justification. (b) The fi…
  • DFARS 232.410 Findings, determination, and authorization.
    If an advance payment procedure is used without a special bank account, follow the procedures at PGI 232.410.
  • DFARS 215.407-5-70 Disclosure, maintenance, and review requirements.
    … allow the contracting officer to understand the weaknesses or deficiencies. (2) Initial determination. (i) The contracting officer shall review all findings and recommendations and, if there are no material weaknesses, shall promptly noti…
  • FAR 16.401 General.
    … the overall limitations in 16.301 that apply to all cost-reimbursement contracts. (d) A determination and finding, signed by the head of the contracting activity, shall be completed for all incentive- and award-fee contracts justifying th…
  • FAR 16.601 Time-and-materials contracts.
    …-materials contract or order may be used only if— (1) The contracting officer prepares a determination and findings that no other contract type is suitable. The determination and finding shall be— (i) Signed by the contracting officer pri…
  • DFARS 225.7004-6 Waiver of restrictions.
    … acquire capability for national security purposes. (2) Document the waiver in a written determination and findings containing— (i) The factors supporting the waiver; and (ii) A certification that the acquisition must be made in order to…
  • DFARS 237.104 Personal services contracts.
    …ersonal service contracts for expert and consultant services must also be authorized by a determination and findings (D&F) in accordance with department/agency regulations. (A) Generally, the D&F should authorize one contract at a time; ho…
  • FAR 1.704 Content.
    …set forth enough facts and circumstances to clearly and convincingly justify the specific determination made. As a minimum, each D&F shall include, in the prescribed agency format, the following information: (a) Identification of the agenc…
  • FAR 25.202 Exceptions.
    … sufficient and reasonably available commercial quantities of a satisfactory quality. The determinations of nonavailability of the articles listed at 25.104(a) and the procedures at 25.103(b)(1) also apply if any of those articles are acqui…
  • DFARS 225.872-4 Individual determinations.
    …e listed in 225.872-1(b), as evaluated, is low or otherwise eligible for award, prepare a determination and findings exempting the acquisition from the Buy American statute and the Balance of Payments Program as inconsistent with the public…
  • FAR 1.701 Definition.
    Determination and Findings (D&F) means a special form of written approval by an authorized official that is required by statute or regulation as a prerequisite to taking certain contract actions. The determination is a conclusion or decisio…
  • FAR 2.101 Definitions.
    …) For use in subpart 9.4, see the definition at 9.403. (2) For use of affiliates in size determinations, see the definition of “small business concern” in this section. Agency head or head of the agency means the Secretary, Attorney Gener…
  • FAR 19.306 Protesting a firm's status as a HUBZone small business concern.
    …ts at 19.302, and 13 CFR 121.103(h)(2), which treats the pair as joint venturers for size determination purposes (the “ostensible subcontractor rule”). (e) Submission of a protest. (1) An interested party shall submit its writtten protest …
  • FAR 25.1001 Waiver of right to examination of records.
    …, additional cost, and time of delivery; and (iii) The head of the agency has executed a determination and findings in accordance with paragraph (b) of this section, with the concurrence of the Comptroller General. However, concurrence of …
  • FAR 52.209-13 Violation of Arms Control Treaties or Agreements—Certification.
    …hat contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to …
  • DFARS 211.274-2 Policy for item unique identification.
    … disaster assistance; or to support response to an emergency or major disaster; or (2) A determination and findings has been executed concluding that it is more cost effective for the Government requiring activity to assign, mark, and regi…
  • DFARS 217.172 Multiyear contracts for supplies.
    …ection will be met by such contract, in accordance with the Secretary's certification and determination required by paragraph (h)(2) of this section. (g) The head of the agency may enter into a multiyear contract for— (1) A weapon system …
  • DFARS 234.201 Policy.
    …allow the contracting officer to understand the weaknesses or deficiencies. (ii) Initial determination. (A) The contracting officer shall review all findings and recommendations and, if there are no material weaknesses, shall promptly noti…
  • DFARS 242.7203 Review procedures.
    … allow the contracting officer to understand the weaknesses or deficiencies. (2) Initial determination. (i) The contracting officer shall review findings and recommendations and, if there are no material weaknesses, shall promptly notify t…
  • DFARS 242.7502 Policy.
    …encies. Follow the procedures at PGI 242.7502 for reporting of deficiencies. (2) Initial determination. (i) The contracting officer shall review findings and recommendations and, if there are no material weaknesses, shall promptly notify t…
  • DFARS 244.305-70 Policy.
    … allow the contracting officer to understand the weaknesses or deficiencies. (2) Initial determination. (i) The contracting officer shall review all findings and recommendations and, if there are no material weaknesses, shall promptly noti…
  • DFARS 245.102 Policy.
    …covery from nuclear, biological, chemical, or radiological attack; (C) Items for which a determination and findings has been executed concluding that it is more cost effective for the Government requiring activity to assign, mark, and regi…
  • DFARS 245.105 Contractors' property management system compliance.
    … allow the contracting officer to understand the weaknesses or deficiencies. (2) Initial determination. (i) The contracting officer shall review findings and recommendations and, if there are no material weaknesses, shall promptly notify t…
  • FAR 4.803 Contents of contract files.
    …ning information, and other presolicitation documents. (2) Justifications and approvals, determinations and findings, and associated documents. (3) Evidence of availability of funds. (4) Synopsis of proposed acquisition as required by pa…
  • FAR 8.404 Use of Federal Supply Schedules.
    …e fair and reasonable. Therefore, ordering activities are not required to make a separate determination of fair and reasonable pricing, except for a price evaluation as required by 8.405-2(d). By placing an order against a schedule contract…
  • FAR 12.207 Contract type.
    …ultiple-award delivery-order contract; and (ii) The contracting officer— (A) Executes a determination and findings (D&F) for the contract, in accordance with paragraph (b)(2) of this section (but see paragraph (c) of this section for inde…
  • FAR 17.502-2 The Economy Act.
    …0 U.S.C. 11302(e) for Governmentwide acquisition contracts (GWACs). (c) Requirements for determinations and findings. (1) Each Economy Act order to obtain supplies or services by interagency acquisition shall be supported by a determinatio…
  • DFARS 217.503 Ordering procedures.
    (a) When the requesting agency is within DoD, a copy of the executed determination and findings required by FAR 17.502-2 shall be furnished to the servicing agency as an attachment to the order. When a DoD contracting office is acting as th…
  • DFARS 225.7002-2 Exceptions.
    …ls are authorized, without power of redelegation, to make such a domestic nonavailability determination: (i) The Under Secretary of Defense (Acquisition and Sustainment). (ii) The Secretary of the Army. (iii) The Secretary of the Navy. …
  • DFARS 252.235-7004 Protection of Human Subjects.
    …he purposes expressed in 32 CFR Part 219 (32 CFR 219.102(g)). (6) IRB approval means the determination of the IRB that the research has been reviewed and may be conducted at an institution within the constraints set forth by the IRB and by…
  • FAR 6.202 Establishing or maintaining alternative sources.
    …tract action under the authority of paragraph (a) of this section shall be supported by a determination and findings (D&F) (see subpart 1.7) signed by the head of the agency or designee. This D&F shall not be made on a class basis. (2) Tec…
  • FAR 6.203 Set-asides for small business concerns.
    …tion Research Program established under Pub. L. 97-219. (b) No separate justification or determination and findings is required under this part to set aside a contract action for small business concerns. (c) Subpart 19.5 prescribes polici…
  • FAR 6.204 Section 8(a) competition.
    …ition to eligible 8(a) participants (see subpart 19.8). (b) No separate justification or determination and findings is required under this part to limit competition to eligible 8(a) participants. (But see 6.302-5 and 6.303-1 for sole sourc…
  • FAR 6.205 Set-asides for HUBZone small business concerns.
    …BZone small business concerns to compete (see 19.1305). (b) No separate justification or determination and findings is required under this part to set aside a contract action for HUBZone small business concerns.
  • FAR 6.206 Set-asides for service-disabled veteran-owned small business (SDVOSB) concerns eligible under the SDVOSB Program.
    …ible 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 veteran-owned small business concerns elig…
  • FAR 6.207 Set-asides for economically disadvantaged women-owned small business (EDWOSB) concerns or women-owned small business (WOSB) concerns eligible under the WOSB Program.
    …concerns eligible under the WOSB Program (see 19.1505). (b) No separate justification or determination and findings is required under this part to set aside a contract action for EDWOSB concerns or WOSB concerns eligible under the WOSB Pro…
  • FAR 6.208 Set-asides for local firms during a major disaster or emergency.
    …or disaster or emergency to compete (see Subpart 26.2). (b) No separate justification or determination and findings is required under this part to set aside a contract action. The set-aside area specified by the contracting officer shall b…
  • FAR 16.102 Policies.
    …4 for fixed-price contracts). (d) No contract may be awarded before the execution of any determination and findings (D&F's) required by this part. Minimum requirements for the content of D&F's required by this part are specified in 1.704.

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.