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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37 sections with “Secret or higher”

  • FAR 52.209-14 Reserve Officer Training Corps and Military Recruiting on Campus.
    …f this clause, an institution of higher education is ineligible for contract award if the Secretary of Defense determines that the institution has a policy or practice (regardless of when implemented) that prohibits or in effect prevents— …
  • FAR 52.222-41 Service Contract Labor Standards.
    …visions of 41 U.S.C. chapter 67, Service Contract Labor Standards, and regulations of the Secretary of Labor (29 CFR part 4). This clause does not apply to contracts or subcontracts administratively exempted by the Secretary of Labor or exe…
  • FAR 52.225-26 Contractors Performing Private Security Functions Outside the United States.
    … clause— Area of combat operations means an area of operations designated as such by the Secretary of Defense when enhanced coordination of contractors performing private security functions working for Government agencies is required. Ful…
  • DFARS 252.225-7039 Defense Contractors Performing Private Security Functions Outside the United States.
    …ited States of— (1) Contingency operations; (2) Combat operations, as designated by the Secretary of Defense; (3) Other significant military operations (as defined in 32 CFR part 159), designated by the Secretary of Defense upon agreemen…
  • FAR 50.102-3 Limitations on exercise of authority.
    … use normal contracting procedures. (e) The exercise of authority by officials below the secretarial level is subject to the following additional limitations: (1) The action shall not— (i) Release a contractor from performance of an obli…
  • DFARS 252.209-7011 Representation for Restriction on the Use of Certain Institutions of Higher Education.
    …ess that institution receives a waiver from the Department of Defense Office of the Under Secretary of Defense for Research and Engineering (OUSD(R&E)). The waiver authority terminates on October 1, 2026. Any waiver issued will not apply on…
  • FAR 52.227-11 Patent Rights—Ownership by the Contractor.
    …eference in any specific case will be at the discretion of the Contractor. (5) Allow the Secretary of Commerce to review the Contractor's licensing program and decisions regarding small business applicants, and negotiate changes to its lic…
  • FAR 2.101 Definitions.
    …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, unless otherwise indicated, includi…
  • FAR 9.110-3 Policy.
    …ered agency from providing funds by contract to an institution of higher education if the Secretary of Defense determines that the institution has a policy or practice that prohibits or in effect prevents— (1) The Secretary of a military d…
  • FAR 15.407-1 Defective certified cost or pricing data.
    …rom the time of overpayment to the time of repayment, utilizing rate(s) prescribed by the Secretary of the Treasury under 26 U.S.C. 6621(a)(2). (iii) In arriving at the amount due for penalties on contracts where the submission of defectiv…
  • FAR 52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition.
    …ecutive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e): (1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this defi…
  • FAR 52.246-26 Reporting Nonconforming Items.
    …ubmitted in accordance with paragraph (b)(4) of this clause shall not include— (1) Trade secrets or confidential commercial or financial information protected under the Trade Secrets Act (18 U.S.C. 1905); or (2) Any other information proh…
  • FAR 16.505 Ordering.
    …gency placing the order. This authority is not delegable, except in the case of the Under Secretary of Defense for Acquisition and Sustainment, acting as the senior procurement executive for the Department of Defense. (D) Posting. (1) Exce…
  • FAR 22.403-4 Executive Orders 13658 and 14026.
    ….00 per hour. The wage rate is subject to annual increases by an amount determined by the Secretary of Labor. See subpart 22.19. The clause at 52.222-55, Minimum Wages for Contractor Workers under Executive Order 14026, requires the E.O. 14…
  • FAR 22.1002-5 Executive Orders 13658 and 14026.
    ….00 per hour. The wage rate is subject to annual increases by an amount determined by the Secretary of Labor. See subpart 22.19. The clause at 52.222-55, Minimum Wages for Contractor Workers under Executive Order 14026, requires the E.O. 14…
  • FAR 52.226-2 Historically Black College or University and Minority Institution Representation.
    …ovision— Historically black college or university means an institution determined by the Secretary of Education to meet the requirements of 34 CFR 608.2. Minority institution means an institution of higher education meeting the requiremen…
  • DFARS 215.404-71-3 Contract type risk and working capital adjustment.
    …gure from paragraph (f) of this subsection. (7) Use the interest rate established by the Secretary of the Treasury (see https://www.fiscal.treasury.gov/fsservices/gov/pmt/promptPayment/rates.htm). Do not use any other interest rate. (8) M…
  • DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.
    …m description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company. Cont…
  • DFARS 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements.
    …ndependent contractors that may not be enforced in a court of the United States. (d) The Secretary of Defense may waive the applicability of the restrictions of paragraph (b) of this clause in accordance with Defense Federal Acquisition Re…
  • FAR 52.227-10 Filing of Patent Applications—Classified Subject Matter.
    …pplication in the United States disclosing any subject matter of this contract classified Secret or higher, the Contractor shall, citing the 30-day provision below, transmit the proposed application to the Contracting Officer. The Governmen…
  • FAR 9.110-4 Procedures.
    If the Secretary of Defense determines, pursuant to the procedures at 32 CFR part 216, that an institution of higher education is ineligible to receive funds from a covered agency because of a policy or practice described in 9.110-3— (a) T…
  • FAR 22.1802 Policy.
    …ent eligibility of— (1) Employees who hold an active security clearance of confidential, secret, or top secret; or (2) Employees for whom background investigations have been completed and credentials issued pursuant to Homeland Security P…
  • FAR 32.407 Interest.
    …ch the special account (see 32.409-3) is established; or (2) The rate established by the Secretary of the Treasury under 50 U.S.C. App. 1215(b)(2). (b) The interest rate for advance payments shall be adjusted for changes in the prime rate…
  • FAR 52.204-2 Security Requirements.
    … to the extent that this contract involves access to information classified Confidential, Secret, or Top Secret. (b) The Contractor shall comply with (1) the Security Agreement (DD Form 441), including the National Industrial Security Prog…
  • FAR 52.222-54 Employment Eligibility Verification.
    …ranted and holds an active U.S. Government security clearance for access to confidential, secret, or top secret information in accordance with the National Industrial Security Program Operating Manual; or (3) Who has undergone a completed …
  • FAR 52.232-12 Advance Payments.
    …pository) in which the special account is established or (ii) the rate established by the Secretary of the Treasury under Pub. L. 92-41 (50 U.S.C. App. 1215(b)(2)). The Contracting Officer shall revise the daily interest rate during the con…
  • DFARS 206.304 Approval of the justification.
    (a)(4) The Under Secretary of Defense (Acquisition and Sustainment) may delegate this authority to— (A) An Assistant Secretary of Defense; or (B) For a defense agency, an officer or employee serving in, assigned, or detailed to that agenc…
  • FAR 1.301 Policy.
    …(1) The military departments and defense agencies, issued subject to the authority of the Secretary of Defense; (2) NASA activities, issued subject to the authorities of the Administrator of NASA; and (3) The civilian agencies other than …
  • FAR 3.104-2 General.
    …after award (see 3.104-4) may be prohibited by the Privacy Act (5 U.S.C. 552a), the Trade Secrets Act (18 U.S.C. 1905), and other laws; and (6) Using nonpublic information to further an employee's private interest or that of another and en…
  • FAR 6.304 Approval of the justification.
    …e with agency procedures. This authority is not delegable except in the case of the Under Secretary of Defense for Acquisition and Sustainment, acting as the senior procurement executive for the Department of Defense. (b) Any justification…
  • FAR 8.405-6 Limiting sources.
    …gency placing the order. This authority is not delegable, except in the case of the Under Secretary of Defense for Acquisition and Sustainment, acting as the senior procurement executive for the Department of Defense.
  • FAR 22.406-2 Wages, fringe benefits, and overtime.
    …r anticipated costs for bona fide fringe benefits to the extent expressly approved by the Secretary of Labor. (b)(1) The contractor may satisfy the obligation under the clause at 52.222-6, Construction Wage Rate Requirements, by providing …
  • FAR 22.1902 Policy.
    … and (2) Beginning January 1, 2023, and annually thereafter, an amount determined by the Secretary of Labor. The Administrator of the Wage and Hour Division (the Administrator) will notify the public of the new E.O. minimum wage rate at le…
  • FAR 27.203-1 General.
    …e in accordance with procedures provided by legal counsel. If the material is classified “Secret” or higher, the contracting officer shall make every effort to notify the contractor within 30 days of the Government's determination, pursuant…
  • FAR 33.104 Protests to GAO.
    …hibit or restrict the disclosure by the party of procurement sensitive information, trade secrets or other proprietary or confidential research, development or commercial information that is contained in such document. Protective orders do …
  • FAR 52.230-5 Cost Accounting Standards—Educational Institution.
    …tractor has notified the Contracting Officer that the Disclosure Statement contains trade secrets, and commercial or financial information which is privileged and confidential, the Disclosure Statement shall be protected and shall not be re…
  • DFARS 252.235-7000 Indemnification Under 10 U.S.C. 3861—Fixed Price.
    …ved the assumption of liability; and (6) Must be certified as just and reasonable by the Secretary of the department or designated representative. (d) The Contractor shall buy and maintain, to the extent available, insurance against unusu…

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.