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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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158 sections with “Head of the contracting activity”: the first 40

  • DFARS 218.270 Head of contracting activity determinations.
    The term “head of the agency” is replaced with “head of the contracting activity,” as defined in FAR 2.101, in the following locations: (a) FAR 2.101: definition of “simplified acquisition threshold.” (b) FAR 12.102(f). (c) FAR 13.201(g)…
  • FAR 9.504 Contracting officer responsibilities.
    … involve a significant potential conflict, the contracting officer shall recommend to the head of the contracting activity a course of action for resolving the conflict (see 9.506). (d) In fulfilling their responsibilities for identifying …
  • FAR 28.105 Other types of bonds.
    The head of the contracting activity may approve using other types of bonds in connection with acquiring particular supplies or services. These types include advance payment bonds and patent infringement bonds.
  • FAR 36.208 Concurrent performance of firm-fixed-price and other types of construction contracts.
    …firm-fixed-price, lump sum, or unit price contracts except with the prior approval of the head of the contracting activity.
  • FAR 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.
    …competitive advantage in the award of a Federal agency procurement contract; or (ii) The head of the contracting activity has determined, based upon a preponderance of the evidence, that the Contractor or someone acting for the Contractor …
  • DFARS 212.302 Tailoring of provisions and clauses for the acquisition of commercial products and commercial services.
    (c) Tailoring inconsistent with customary commercial practice. The head of the contracting activity is the approval authority within the DoD for waivers under FAR 12.302(c).
  • DFARS 252.215-7003 Requirement for Submission of Data Other Than Certified Cost or Pricing Data—Canadian Commercial Corporation.
    …sary to determine price reasonableness or cost realism is ineligible for award unless the head of the contracting activity determines that it is in the best interest of the Government to make the award to that offeror. (End of provision)
  • FAR 2.101 Definitions.
    …e determinations, see the definition of “small business concern” in this section. Agency head or head of the agency means the Secretary, Attorney General, Administrator, Governor, Chairperson, or other chief official of an executive agency…
  • FAR 6.304 Approval of the justification.
    …g $90 million, or, for DoD, NASA, and the Coast Guard, not exceeding $150 million, by the head of the procuring activity, or a designee who— (i) If a member of the armed forces, is a general or flag officer; or (ii) If a civilian, is serv…
  • FAR 19.502-8 Rejecting Small Business Administration recommendations.
    …PCR is not assigned, see 19.402(a)) may appeal the contracting officer's rejection to the head of the contracting activity within 2 working days after receiving the notice (except see 19.1305(d), 19.1405(e), and 19.1505(i)). The head of the…
  • FAR 19.1305 HUBZone set-aside procedures.
    …tent to appeal, the contracting officer shall suspend action on the acquisition until the head of the contracting activity issues a written decision on the appeal, unless the head of the contracting activity makes a written determination th…
  • FAR 19.1505 Set-aside procedures.
    … The contracting officer shall suspend further action regarding the procurement until the head of the agency issues a written decision on the appeal, unless the head of the agency makes a written determination that urgent and compelling cir…
  • DFARS 204.804 Closeout of contract files.
    …urposes shall be determined and documented by the procuring contracting officer. (2) The head of the contracting activity shall assign the highest priority to closeout of contracts awarded for performance in a contingency area. Heads of co…
  • DFARS 217.172 Multiyear contracts for supplies.
    …nd other multiyear acquisitions specifically authorized by law (10 U.S.C. 3501). (b) The head of the agency may enter into a multiyear contract for supplies if, in addition to the conditions listed in FAR 17.105-1(b), the use of such a con…
  • DFARS 218.201 Contingency operation.
    … be required to provide DoD item unique identification if the items, as determined by the head of the contracting activity, are to be used to support a contingency operation. See 211.274-2(b). (3) Use of the Governmentwide commercial purch…
  • DFARS 223.501-70 Disclosure of greenhouse gas emissions.
    …fy a voluntary disclosure of a greenhouse gas inventory or other report. (e) Waiver. The head of the contracting activity may issue, on a contract-by-contract basis, a waiver to the prohibition at paragraph (c) of this section, provided th…
  • DFARS 225.870-4 Contracting procedures.
    …other than certified cost or pricing data from the Canadian Commercial Corporation if the head of the contracting activity, or designee no lower than two levels above the contracting officer, determines that data other than certified cost o…
  • DFARS 232.901 Applicability.
    …release of hazardous substances (as defined in 4 U.S.C. 9606, section 106); and (ii) The head of the contracting activity has made a determination, after consultation with the cognizant comptroller, that conditions exist that limit normal …
  • FAR 1.602-3 Ratification of unauthorized commitments.
    …nment personnel. (2) Subject to the limitations in paragraph (c) of this subsection, the head of the contracting activity, unless a higher level official is designated by the agency, may ratify an unauthorized commitment. (3) The ratifica…
  • FAR 8.404 Use of Federal Supply Schedules.
    …rdance with this paragraph shall be signed by the contracting officer and approved by the head of the contracting activity prior to the execution of the base period. (iii) The D&F required by paragraph (h)(3)(ii)(A) of this section shall c…
  • FAR 16.601 Time-and-materials contracts.
    …basis of— (1) Direct labor hours at specified fixed hourly rates that include wages, overhead, general and administrative expenses, and profit; and (2) Actual cost for materials (except as provided for in 31.205-26(e) and (f)). (c) Appli…
  • FAR 17.106-3 Special procedures applicable to DoD, NASA, and the Coast Guard.
    …n exception to normal contract financing arrangements and requires approval by the agency head. (f) Annual and multiyear proposals. Obtaining both annual and multiyear offers provides reduced lead time for making an annual award in the eve…
  • FAR 19.1405 Set-aside procedures.
    …ent to appeal, the contracting officer shall suspend action on the acquisition unless the head of the contracting activity makes a written determination that urgent and compelling circumstances, which significantly affect the interests of t…
  • FAR 25.603 Exceptions.
    …without regard to the restrictions of the Buy American statute: (i) Nonavailability. The head of the contracting activity may determine that a particular construction material is not mined, produced, or manufactured in the United States in…
  • FAR 28.106-2 Substitution of surety bonds.
    …on a bond previously approved may be substituted for the original bond if approved by the head of the contracting activity, or as otherwise specified in agency regulation. (b) When a new surety bond is approved, the contracting officer sha…
  • FAR 33.104 Protests to GAO.
    …AO with the name, title, and telephone number of one or more officials (in both field and headquarters offices, if desired) whom the GAO may contact who are knowledgeable about the subject matter of the protest. Each agency shall be respons…
  • FAR 36.301 Use of two-phase design-build selection procedures.
    …agency to manage the two-phase selection process. (vi) Other criteria established by the head of the contracting activity.
  • FAR 42.202 Assignment of contract administration.
    …nd under basic ordering agreements for items and services identified in the schedule, the head of the contracting activity or designee approves the delegation; and (3) The delegation does not require the CAO to undertake new or follow-on a…
  • FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity.
    …he amount of profit or fee determined as set forth in paragraph (b) of this clause if the head of the contracting activity or designee determines that there was a violation of 41 U.S.C. 2102 or 2103, as implemented in section 3.104 of the F…
  • FAR 52.203-16 Preventing Personal Conflicts of Interest.
    …f this clause, the Contractor may submit a request through the Contracting Officer to the Head of the Contracting Activity for— (i) Agreement to a plan to mitigate the personal conflict of interest; or (ii) A waiver of the requirement. (…
  • FAR 52.222-16 Approval of Wage Rates.
    …nics engaged in work under this contract must be submitted for approval in writing by the head of the contracting activity or a representative expressly designated for this purpose, if the straight time wages exceed the rates for correspond…
  • DFARS 206.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements.
    …an unsolicited proposal without providing for full and open competition, unless— (1) The head of the contracting activity, or a designee no lower than chief of the contracting office, determines that— (i) Following thorough technical eval…
  • DFARS 215.403-3 Requiring data other than certified cost or pricing data.
    …ieu of the factors for consideration listed in FAR 15.403-3(a)(4), a determination by the head of the contracting activity (see PGI 215.403-3(7)) that it is in the best interest of the Government to make the award to an offeror that does no…
  • DFARS 215.404-4 Profit.
    …weighted guidelines method does not produce a reasonable overall profit objective and the head of the contracting activity approves use of the alternate approach in writing. (D) Shall use the weighted guidelines method to establish a basic…
  • DFARS 217.7404-6 Allowable profit.
    …egotiated after a substantial portion of the required performance has been completed, the head of the contracting activity shall ensure the profit allowed reflects— (a) Any reduced cost risk to the contractor for costs incurred during cont…
  • DFARS 222.101-3-70 Impact of labor disputes on defense programs.
    …s and programs. Upon determining that the impact of the labor dispute is significant, the head of the contracting activity shall submit a report of findings and recommendations to the labor advisor in accordance with departmental procedures…
  • DFARS 225.7004-6 Waiver of restrictions.
    …ion prices are adjusted for any reason other than the application of the waiver. (2) The head of the contracting activity may waive a restriction on a case-by-case basis upon execution of a determination and findings that any of the follow…
  • DFARS 236.272 Prequalification of sources.
    …mits offerors to those with proven competence to perform in the required manner. (b) The head of the contracting activity must— (1) Authorize the use of prequalification by determining, in writing, that a construction project is of an urg…
  • DFARS 243.204-70-6 Allowable profit.
    …egotiated after a substantial portion of the required performance has been completed, the head of the contracting activity shall ensure the profit allowed reflects— (a) Any reduced cost risk to the contractor for costs incurred during cont…
  • DFARS 250.102-1 Delegation of authority.
    …to approve actions obligating $90,000 or less may not be delegated below the level of the head of the contracting activity. (d) In accordance with the acquisition authority of the Under Secretary of Defense (Acquisition and Sustainment (US…

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.