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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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41 sections with “Technical capability”: the first 40

  • FAR 7.105 Contents of written acquisition plans.
    …ons should be made (see paragraph (b)(21) of this section). The plan must address all the technical, business, management, and other significant considerations that will control the acquisition. The specific content of plans will vary, depe…
  • FAR 12.602 Streamlined evaluation of offers.
    …y commercial products or commercial services, the criteria need not be more detailed than technical (capability of the item offered to meet the agency need), price, and past performance. Technical capability may be evaluated by how well the…
  • FAR 35.007 Solicitations.
    …Therefore, contracting officers should initially distribute solicitations only to sources technically qualified to perform research or development in the specific field of science or technology involved. Cognizant technical personnel should…
  • DFARS 252.235-7011 Final scientific or technical report.
    As prescribed in 235.072(d), use the following clause: Final Scientific or Technical Report (DEC 2019) The Contractor shall— (a) Submit an electronic copy of the approved final scientific or technical report, not a summary, delivered und…
  • FAR 2.101 Definitions.
    …f contracts, contract financing, contract performance, contract administration, and those technical and management functions directly related to the process of fulfilling agency needs by contract. Acquisition planning means the process by …
  • FAR 3.803 Exceptions.
    …an informed decision about initiation of a covered Federal action. (iv) Participating in technical discussions regarding the preparation of an unsolicited proposal prior to its official submission. (v) Making capability presentations prio…
  • FAR 15.404-1 Proposal analysis techniques.
    …or material differences between the similar item and the item being procured. (C) Expert technical advice should be obtained when analyzing similar items, or commercial products or commercial services that are “of a type”, or requiring min…
  • FAR 15.407-2 Make-or-buy programs.
    …lacing, and administering subcontracts as necessary to ensure the lowest overall cost and technical risk to the Government. When make-or-buy programs are required, the Government may reserve the right to review and agree on the contractor's…
  • FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions.
    …the Federal Government. Reasonable payment means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector. Recipient includ…
  • FAR 6.302-3 Industrial mobilization; engineering, developmental, or research capability; or expert services.
    …g for the practical application of investigative findings and theories of a scientific or technical nature; or (iii) Contract for supplies or services as are necessary incident to paragraph (b)(2)(i) or (ii) of this section. (3) Use of th…
  • FAR 36.303-1 Phase One.
    …l include— (1) The scope of work; (2) The phase-one evaluation factors, including— (i) Technical approach (but not detailed design or technical information); (ii) Technical qualifications, such as— (A) Specialized experience and techni…
  • FAR 52.212-2 Evaluation—Commercial Products and Commercial Services.
    …ffers: (Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in …
  • DFARS 253.209-1 Responsible prospective contractors.
    …tive Contractor (General). (i) The factors in Section III, Block 19, generally mean— (A) Technical capability. An assessment of the prospective contractor's key management personnel to determine if they have the basic technical knowledge, …
  • FAR 3.303 Reporting suspected antitrust violations.
    … joint bid by two or more competitors 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 a…
  • FAR 16.103 Negotiating contract type.
    …ances (e.g., complexity of the requirements, uncertain duration of the work, contractor's technical capability and financial responsibility, or adequacy of the contractor's accounting system), and associated reasoning essential to support t…
  • FAR 16.104 Factors in selecting contract types.
    …may require economic price adjustment or price redetermination clauses. (h) Contractor's technical capability and financial responsibility. (i) Adequacy of the contractor's accounting system. Before agreeing on a contract type other than …
  • FAR 19.804-3 SBA acceptance.
    …itive business mix requirements (if applicable), financial condition, management ability, technical capability, and whether award will promote the equitable distribution of 8(a) contracts. (For construction requirements see 13 CFR 124.503(d…
  • DFARS 234.004 Acquisition strategy.
    …stone decision authority's written determination that— (1) The program is so complex and technically challenging that it would not be practicable to reduce program risk to a level that would permit the use of a fixed-price type contract; a…
  • FAR 5.207 Preparation and transmittal of synopses.
    …ormation necessary to obtain and respond to the solicitation electronically. (19) If the technical data required to respond to the solicitation will not be furnished as part of such solicitation, identify the source in the Government, such…
  • FAR 52.227-11 Patent Rights—Ownership by the Contractor.
    …contract under which the subject invention was made. It shall be sufficiently complete in technical detail to convey a clear understanding of the subject invention. The disclosure shall also identify any publication, on sale (i.e., sale or …
  • DFARS 231.205-18 Independent research and development and bid and proposal costs.
    …e contractor is required to report IR&D projects generating the IR&D costs to the Defense Technical Information Center (DTIC) using the DTIC's online input form and instructions at https://defenseinnovationmarketplace.dtic.mil/industry-port…
  • DFARS 242.771-3 Responsibilities.
    …y, by posting information on communities of interest and upcoming meetings on the Defense Technical Information Center (DTIC) website at https://defenseinnovationmarketplace.dtic.mil/communities-of-interest; and (ii) From contractors to Do…
  • FAR 6.202 Establishing or maintaining alternative sources.
    … by the head of the agency or designee. This D&F shall not be made on a class basis. (2) Technical and requirements personnel are responsible for providing all necessary data to support their recommendation to exclude a particular source. …
  • FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements.
    …ordance with the agency's standardization program that only specified makes and models of technical equipment and parts will satisfy the agency's needs for additional units or replacement items, and only one source is available. (c) Applic…
  • FAR 7.103 Agency-head responsibilities.
    …quirements (e.g., help desks, call centers, training services, and automated self-service technical support) descriptions that address information and communication technology (ICT) accessibility standards (see 36 CFR 1194.1) in proposed ac…
  • FAR 9.106-4 Reports.
    …y of Prospective 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 140…
  • FAR 9.107 Surveys of nonprofit agencies participating in the AbilityOne Program.
    …porting rationale, and that the survey is waived. The capability survey will focus on the technical and production capabilities and applicable preaward survey elements to furnish specific supplies or services being considered for addition t…
  • FAR 15.304 Evaluation factors and significant subfactors.
    …t evaluation factors such as past performance, compliance with solicitation requirements, technical excellence, management capability, personnel qualifications, and prior experience ((10 U.S.C. 3206(c)(1)(A)and 41 U.S.C. 3306(c)(1)(A)). (3…
  • FAR 19.602-1 Referral.
    …ds or the contracting officer's price negotiation memorandum. (iv) Preaward survey. (v) Technical data package (including drawings, specifications and statement of work). (vi) Any other justification and documentation used to arrive at t…
  • FAR 19.803 Selecting acquisitions for the 8(a) program.
    …ion on the participant, 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 contrac…
  • FAR 19.812 Contract administration.
    … and resources, 8(a) contractors furnishing requirements shall be afforded production and technical assistance, including, when appropriate, identification of causes of deficiencies in their products and suggested corrective action to make …
  • FAR 31.205-33 Professional and consultant service costs.
    …by contractors or subcontractors in order to enhance their legal, economic, financial, or technical positions. Professional and consultant services are generally acquired to obtain information, advice, opinions, alternatives, conclusions, r…
  • FAR 34.005-2 Mission-oriented solicitation.
    …acquisition strategy; and (5) Clearly state that each offeror is free to propose its own technical approach, main design features, subsystems, and alternatives to schedule, cost, and capability goals. (6) Require the use of an Earned Valu…
  • FAR 35.017-4 Reviewing FFRDC's.
    …n FFRDC review should include the following: (1) An examination of the sponsor's special technical needs and mission requirements that are performed by the FFRDC to determine if and at what level they continue to exist. (2) Consideration …
  • FAR 49.402-3 Procedure for default.
    …i.e., default, convenience, or no-cost cancellation) only after review by contracting and technical personnel, and by counsel, to ensure the propriety of the proposed action. (b) The administrative contracting officer shall not issue a sho…
  • FAR 53.209-1 Responsible prospective contractors.
    …tractor (General). (b) SF 1404 (Rev. 01/2014), Preaward Survey of Prospective Contractor—Technical. (c) SF 1405 (Rev. 01/2014), Preaward Survey of Prospective Contractor—Production. (d) SF 1406 (Rev. 01/2014), Preaward Survey of Prospect…
  • DFARS 202.101 Definitions.
    …idual designated and authorized in writing by the contracting officer to perform specific technical or administrative functions. Contractor-approved supplier means a supplier that does not have a contractual agreement with the original com…
  • DFARS 209.104-1 General standards.
    …hose interests; (4) The availability of another entity with the capacity, capability and technical expertise to satisfy defense acquisition, technology base, or industrial base requirements; and (5) A description of any alternate means av…
  • DFARS 212.7002 Policy.
    …al innovative technological advancements; and (3) When meaningful proposals with varying technical or scientific approaches can be reasonably anticipated. (b) Notwithstanding FAR 12.207, contracting officers shall use fixed-price type con…
  • DFARS 252.211-7003 Item Unique Identification and Valuation.
    …pecification found within International Standards Organization (ISO)/International Electrotechnical Commission (IEC) 16022. Data qualifier means a specified character (or string of characters) that immediately precedes a data field that de…

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.