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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38 sections with “best interest of the United States”

  • FAR 13.005 List of laws inapplicable to contracts and subcontracts at or below the simplified acquisition threshold.
    …tion. The FAR Council may make exceptions when it determines in writing that it is in the best interest of the Government that the enactment should apply to contracts or subcontracts not greater than the simplified acquisition threshold. (…
  • FAR 32.202-1 Policy.
    …priate financing terms in contracts for commercial purchases when doing so will be in the best interest of the Government. (b) Authorization. Commercial interim payments and commercial advance payments may be made under the following circu…
  • DFARS 209.572 Conflicts of interest in certain consulting services.
    …respond to the notification. (2) If the contracting officer determines that it is in the best interests of the United States to award the contract, notwithstanding the conflict of interest, the contracting officer shall request a waiver in…
  • FAR 9.504 Contracting officer responsibilities.
    …r a reasonable opportunity to respond. If the contracting officer finds that it is in the best interest of the United States to award the contract notwithstanding a conflict of interest, a request for waiver shall be submitted in accordance…
  • FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.
    …is expected to exceed $200,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to infl…
  • FAR 19.308 Protesting a firm's status as an economically disadvantaged women-owned small business concern or women-owned small business concern eligible under the Women-Owned Small Business Program.
    …s the contracting officer has made a written determination that termination is not in the best interests of the Government. However, the contracting officer shall not exercise any options or award further task or delivery orders; (ii) The …
  • FAR 2.101 Definitions.
    …ing of the subject under study, rather than any practical application of that knowledge. Best value means the expected outcome of an acquisition that, in the Government's estimation, provides the greatest overall benefit in response to the…
  • FAR 25.1001 Waiver of right to examination of records.
    …ies or services from the United States and other sources; and (5) Determine that it will best serve the interest of the United States to use the appropriate alternate clause in paragraph (a)(2) of this section.
  • FAR 31.205-47 Costs related to legal and other proceedings.
    …he contracting officer shall generally withhold payment of such costs. However, if in the best interests of the Government, the contracting officer may provide for conditional payment upon provision of adequate security, or other adequate a…
  • FAR 32.205 Procedures for offeror-proposed commercial contract financing.
    …ropose financing terms. The contracting officer must then determine which offer is in the best interests of the United States. (b) Solicitations. The contracting officer must include in the solicitation the provision at 52.232-31, Invitati…
  • FAR 42.1204 Applicability of novation agreements.
    … officer determines that a conflict of interest cannot be resolved, but that it is in the best interest of the Government to approve the novation request, a request for a waiver may be submitted in accordance with the procedures at 9.503. …
  • DFARS 217.7404-1 Authorization.
    …t inclusion of the non-urgent items is consistent with good business practices and in the best interest of the United States. (c) Modifying the scope of a UCA when performance has already begun. The request should show that the modificatio…
  • FAR 15.404-1 Proposal analysis techniques.
    …) The probable cost may differ from the proposed cost and should reflect the Government's best estimate of the cost of any contract that is most likely to result from the offeror's proposal. The probable cost shall be used for purposes of e…
  • FAR 32.201 Statutory authority.
    …ency determines are appropriate or customary in the commercial marketplace and are in the best interest of the United States.
  • FAR 33.102 General.
    …ection, to determine whether a demand for reimbursement ought to be made. If it is in the best interests of the Government to seek reimbursement, the contracting officer shall notify the contractor in writing of the nature and amount of the…
  • FAR 33.104 Protests to GAO.
    …a)(3)(ii); (B) The contracting officer's signed statement of relevant facts, including a best estimate of the contract value, and a memorandum of law. The contracting officer's statement shall set forth findings, actions, and recommendatio…
  • DFARS 225.7501 Policy.
    … for commissary resale; or (7) The contracting officer determines that a requirement can best be filled by a foreign end product or construction material, including determinations that— (i) A subsistence product is perishable and delivery…
  • FAR 4.2104 Waivers.
    …tor of National Intelligence (ODNI) on the waiver request using ODNI guidance, briefings, best practices, or direct inquiry, as appropriate; and (iv) Notify the ODNI and the FASC 15 days prior to granting the waiver that it intends to gran…
  • FAR 17.105-1 Uses.
    … continuing over the period of the contract; and (2) A multiyear contract will serve the best interests of the United States by encouraging full and open competition or promoting economy in administration, performance, and operation of the…
  • FAR 23.406 Contract clauses.
    …outside the United States, the agency head may determine that use of the clause is in the best interest of the Government. (c) Insert the clause at 52.223-10, Waste Reduction Program, in solicitations and contracts for contractor operation…
  • FAR 32.202-4 Security for Government financing.
    … payments must be analyzed as a whole to determine whether the arrangement will be in the best interest of the Government.
  • FAR 32.803 Policies.
    …ider whether the inclusion of the no-setoff commitment in a particular contract is in the best interests of the United States. In such an event, the contracting officer should consult with the Government officer(s) responsible for collectin…
  • FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.
    …t exceed the ceiling price set forth in the Schedule and the Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contr…
  • FAR 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data—Modifications—Sealed Bidding.
    …price reduction if— (A) The Contractor certifies to the Contracting Officer that, to the best of the Contractor's knowledge and belief, the Contractor is entitled to the offset in the amount requested; and (B) The Contractor proves that t…
  • FAR 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data.
    …price reduction if— (A) The Contractor certifies to the Contracting Officer that, to the best of the Contractor's knowledge and belief, the Contractor is entitled to the offset in the amount requested; and (B) The Contractor proves that t…
  • FAR 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data—Modifications.
    …price reduction if— (A) The Contractor certifies to the Contracting Officer that, to the best of the Contractor's knowledge and belief, the Contractor is entitled to the offset in the amount requested; and (B) The Contractor proves that t…
  • FAR 52.219-9 Small Business Subcontracting Plan.
    …concern. (7) Assign each subcontract the NAICS code and corresponding size standard that best describes the principal purpose of the subcontract. (f) A master subcontracting plan on a plant or division-wide basis that contains all the ele…
  • FAR 52.232-5 Payments Under Fixed-Price Construction Contracts.
    …from the certification, the certification is still acceptable.) I hereby certify, to the best of my knowledge and belief, that— (1) The amounts requested are only for performance in accordance with the specifications, terms, and condition…
  • FAR 52.232-31 Invitation To Propose Financing Terms.
    …l marketplace; and (4) The terms and conditions of the contract financing must be in the best interests of the United States. (d) The offeror's proposal of financing terms shall include the following: (1) The proposed contractual languag…
  • FAR 52.245-1 Government Property.
    …shall separate the damaged and undamaged property, place all the affected property in the best possible order, and take such other action as the Property Administrator directs. (3) The Contractor shall do nothing to prejudice the Governmen…
  • FAR 52.245-9 Use and Charges.
    …propose a rental period, and compute an estimated rental charge by using the Contractor's best estimate of rental time in the formulae described in paragraph (e) of this clause. (2) The Contractor shall not use Government property for nong…
  • DFARS 217.171 Multiyear contracts for services.
    …rtation of a specialized work force; and (3) Using a multiyear contract will promote the best interests of the United States by encouraging effective competition and promoting economies in operations (10 U.S.C. 3531(a)). (d) The head of a…
  • DFARS 217.172 Multiyear contracts for supplies.
    …eptional circumstances, proceeding with a multiyear contract under this section is in the best interest of the Department of Defense and the Secretary provides the basis for such determination with the certification (10 U.S.C. 3501(i)(6)). …
  • DFARS 223.7104 Exceptions.
    … into a contract or agreement with the prospective user that— (i) Is consistent with the best interest of national defense and environmental security; and (ii) Provides for the prospective user's continued financial and environmental resp…
  • DFARS 226.570-2 Contract clause.
    …its outlying areas, unless the contracting officer determines such inclusion to be in the best interest of the Government; or (3) When the value of the acquistion is at or below the simplified acquisition threshold.
  • DFARS 237.102-71 Limitation on service contracts for military flight simulators.
    …t estimate. (C) A discussion of the benefits to be realized from the alternative. (D) A best value determination of each alternative and a detailed explanation of the life-cycle cost calculations used in the determination. (c) When revie…
  • DFARS 237.7204 Format and clauses for educational service agreements.
    …ate students, should both the student and the Contractor decide it to be in the student's best interests to assist in the institution's teaching program, the Contractor may provide nominal compensation for part-time service. Base the compen…
  • DFARS 242.002 Interagency agreements.
    …se (Comptroller/Chief Financial Officer). A request must show that an exception is in the best interest of the Government. (iii) Departments and agencies must pay for services performed by non-DoD activities, foreign governments, or intern…

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.