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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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29 sections with “case-by-case basis”

  • FAR 31.205-6 Compensation for personal services.
    …fair share, in any specific payment. Thus, the Government will consider allowability on a case-by-case basis. (6) Under 10 U.S.C. 3744(a)(13) and 41 U.S.C. 4304(a)(13), the costs of severance payments to foreign nationals employed under a …
  • FAR 48.102 Policies.
    …ion contracts as prescribed by 48.201 and 48.202 except where exemptions are granted on a case-by-case basis, or for specific classes of contracts, by the agency head. (b) Agencies shall: (1) establish guidelines for processing VECP's; (2)…
  • DFARS 225.7004-6 Waiver of restrictions.
    …sible for acquisition may waive the restrictions in 225.7004-2(b)(6) and 225.7004-5, on a case-by-case basis, if— (i) Sufficient domestic suppliers are not available to meet DoD requirements on a timely basis; and (ii) The acquisition is …
  • FAR 3.805 Exemption.
    The Secretary of Defense may exempt, on a case-by-case basis, a covered Federal action from the prohibitions of this subpart whenever the Secretary determines, in writing, that such an exemption is in the national interest. The Secretary sh…
  • FAR 8.1102 Presolicitation requirements.
    … than 1A, 1B, or II, and the agency has established procedures for advance approval, on a case-by-case basis, of such requirements. (c) Generally, solicitations shall not be limited to current-year production models. However, with the prio…
  • FAR 13.402 Conditions for use.
    …tive agencies may permit higher dollar limitations for specified activities or items on a case-by-case basis. (b) Deliveries of supplies are to occur at locations where there is both a geographical separation and a lack of adequate communi…
  • FAR 25.702-4 Waiver.
    (a) The President may waive the requirement of subsection 25.702-2 on a case-by-case basis if the President determines and certifies in writing to the appropriate congressional committees that it is in the national interest to do so. (b) A…
  • FAR 31.205-16 Gains and losses on disposition or impairment of depreciable property or other capital assets.
    …s, or other disposition other than through business combinations shall be considered on a case-by-case basis. (h) Gains and losses of any nature arising from the sale or exchange of capital assets other than depreciable property shall be e…
  • FAR 32.103 Progress payments under construction contracts.
    …tain and the specific amount to be withheld shall be made by the contracting officer on a case-by-case basis. Such decisions will be based on the contracting officer's assessment of past performance and the likelihood that such performance …
  • FAR 32.906 Making payments.
    …fied in the contract unless the agency head determines— (1) To make earlier payment on a case-by-case basis; or (2) That the use of accelerated payment methods is necessary. See 32.903(a)(5), but see 32.009-1(a). (b) Payment office. The …
  • FAR 33.104 Protests to GAO.
    …unless the agency determines, based on the recommendation of the Comptroller General on a case-by-case basis, that an increase in the cost of living or a special factor, such as the limited availability of qualified attorneys for the procee…
  • FAR 36.211 Distribution of advance notices and solicitations.
    …termine the geographical extent of distribution of advance notices and solicitations on a case-by-case basis. (b) As required by 15 U.S.C. 644(w), the contracting officer shall transmit to the Governmentwide point of entry (GPE) a notice (…
  • FAR 40.202-6 Waivers.
    The head of the agency may waive the prohibitions under 40.202 on a case-by-case basis in accordance with agency procedures and based on the statutory waiver provisions (sections 1823, 1824, and 1825 of Pub. L. 118-31, 41 U.S.C. 3901 note p…
  • FAR 42.102 Assignment of contract audit services.
    …racting officer. (b) The responsible audit agency may decline requests for services on a case-by-case basis, if resources of the audit agency are inadequate to accomplish the tasks. Declinations shall be in writing.
  • FAR 42.202 Assignment of contract administration.
    …administration. An agency may decline a request for contract administration services on a case-by-case basis if resources of the agency are inadequate to accomplish the tasks. Declinations shall be in writing.
  • DFARS 204.2104 Waivers.
    The Secretary of Defense may waive the prohibition in 204.2102(a) on a case-by-case basis for a single, one-year period, if the Secretary— (a) Determines such waiver to be in the national security interests of the United States; and (b) C…
  • DFARS 206.302-5 Authorized or required by statute.
    …ecified colleges and universities. Contracting officers should consult legal counsel on a case-by-case basis.
  • DFARS 209.572 Conflicts of interest in certain consulting services.
    …l request a waiver in accordance with 209.503-70. (3) The prohibition may be waived on a case-by-case basis if an official listed at 209.503-70 determines that a waiver is necessary for national security purposes. (4) The contracting offi…
  • DFARS 215.403-1 Prohibition on obtaining certified cost or pricing data (10 U.S.C. chapter 271 and 41 U.S.C. chapter 35).
    …e source programs— (1) The determination of adequate price competition must be made on a case-by-case basis. Even when adequate price competition exists, in certain cases it may be appropriate to obtain additional data to assist in price a…
  • DFARS 215.407-3 Forward pricing rate agreements.
    …ard pricing rate agreement (FPRA) rates when such rates are available, unless waived on a case-by-case basis by the head of the contracting activity. (ii) Advise the ACO of each case waived. (iii) Contact the ACO for questions on FPRAs or…
  • DFARS 222.7003 Waivers.
    The head of the agency may waive the requirements of 222.7002 on a case-by-case basis in the interest of national security.
  • DFARS 225.403 World Trade Organization Government Procurement Agreement and Free Trade Agreements.
    …other offers; (ii) A national interest waiver under 19 U.S.C. 2512(b)(2) is granted on a case-by-case basis. Except as delegated in paragraphs (c)(i)(A) and (B) of this section, submit any request for a national interest waiver to the Prin…
  • DFARS 225.770-5 Waiver of prohibition.
    (a) The prohibition in 225.770-2 may be waived, on a case-by-case basis, if an official identified in paragraph (b) of this subsection determines that a waiver is necessary for national security purposes. (b) The following officials are au…
  • DFARS 225.872-3 Solicitation procedures.
    …partment or agency. (1) Consider the adequacy of qualifying country service testing on a case-by-case basis. Departments or agencies that must limit solicitations to sources whose items have been tested and evaluated by the department or a…
  • DFARS 225.7009-4 Waiver.
    …gency, the Component Acquisition Executive, may waive the restriction in 225.7009-2, on a case-by-case basis, by certifying to the House and Senate Committees on Appropriations that— (a) Adequate domestic supplies are not available to meet…
  • DFARS 225.7011-2 Waiver.
    … secretary of the department responsible for acquisition may waive this restriction, on a case-by-case basis, by certifying to the House and Senate Committees on Appropriations that— (a) Adequate U.S. or Canadian supplies are not available…
  • DFARS 225.7012-2 Waiver.
    The Secretary of Defense may waive this restriction, on a case-by-case basis, after certifying to the Armed Services and Appropriations Committees of Congress that— (a) Adequate U.S. supplies are not available to meet requirements on a tim…
  • DFARS 235.015-70 Special use allowances for research facilities acquired by educational institutions.
    …or Defense contracts. (2) Decisions to provide a special use allowance must be made on a case-by-case basis, using the criteria in paragraph (c) of this subsection. (c) Authorization for special use allowance. The head of a contracting ac…
  • FAR 2.101 Definitions.
    …r information marked as “Source Selection Information—See FAR 2.101 and 3.104” based on a case-by-case determination by the head of the agency or the contracting officer, that its disclosure would jeopardize the integrity or successful comp…

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.