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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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37 sections with “competitive advantage”

  • FAR 52.215-1 Instructions to Offerors—Competitive Acquisition.
    As prescribed in 15.209(a), insert the following provision: Instructions to Offerors—Competitive Acquisition (NOV 2021) (a) Definitions. As used in this provision— Discussions are negotiations that occur after establishment of the compet…
  • FAR 2.101 Definitions.
    …uct was developed exclusively at private expense and sold in substantial quantities, on a competitive basis, to multiple State and local governments or to multiple foreign governments. Commercial service means— (1) Installation services, …
  • FAR 9.505-2 Preparing specifications or work statements.
    …es and furnishes complete specifications covering nondevelopmental items, to be used in a competitive acquisition, that contractor shall not be allowed to furnish these items, either as a prime contractor or as a subcontractor, for a reason…
  • FAR 9.505-4 Obtaining access to proprietary information.
    … and can use the leverage of the contract to obtain it, the contractor may gain an unfair competitive advantage unless restrictions are imposed. These restrictions protect the information and encourage companies to provide it when necessary…
  • FAR 3.700 Scope of subpart.
    …tion or source selection information in exchange for a thing of value or to give anyone a competitive advantage in the award of a Federal agency procurement contract, or similar misconduct; or (2) There has been an agency head determinatio…
  • FAR 3.701 Purpose.
    …tion or source selection information in exchange for a thing of value or to give anyone a competitive advantage in the award of a Federal agency procurement contract, or similar misconduct; or (2) An agency head determination that contract…
  • FAR 9.505 General rules.
    … of conflicting roles that might bias a contractor's judgment; and (b) Preventing unfair competitive advantage. In addition to the other situations described in this subpart, an unfair competitive advantage exists where a contractor compet…
  • FAR 15.503 Notifications to unsuccessful offerors.
    (a) Preaward notices—(1) Preaward notices of exclusion from competitive range. The contracting officer shall notify offerors promptly in writing when their proposals are excluded from the competitive range or otherwise eliminated from the c…
  • FAR 18.117 Awards to economically disadvantaged women-owned small business concerns and women-owned small business concerns eligible under the Women-Owned Small Business Program.
    …cerns and women-owned small business (WOSB) concerns eligible under the WOSB Program on a competitive or sole source basis. (See subpart 19.15.)
  • FAR 1.102-2 Performance standards.
    …exchanges are consistent with existing laws and regulations, and do not promote an unfair competitive advantage to particular firms. (5) The Government will maximize its use of commercial products and commercial services in meeting Governm…
  • FAR 3.104-7 Violations or possible violations.
    …on covered by the subsections for anything of value; or (2) Obtaining or giving anyone a competitive advantage in the award of a Federal agency procurement contract; or (B) The agency head has determined, based upon a preponderance of the…
  • FAR 9.507-2 Contract clause.
    …ed to a fixed term of reasonable duration, sufficient to avoid the circumstance of unfair competitive advantage or potential bias. This period varies. It might end, for example, when the first production contract using the contractor's spec…
  • FAR 15.201 Exchanges with industry before receipt of proposals.
    … later than the next general release of information, in order to avoid creating an unfair competitive advantage. Information provided to a potential offeror in response to its request must not be disclosed if doing so would reveal the poten…
  • FAR 33.104 Protests to GAO.
    … prepared by a party; classified information; and information that would give the party a competitive advantage; and (B) Protester's documents which the agency determines, pursuant to law or regulation, to withhold from any interested part…
  • FAR 45.103 General.
    …vernment property in their possession; (2) Eliminate to the maximum practical extent any competitive advantage a prospective contractor may have by using Government property; (3) Ensure maximum practical reutilization of contractor invent…
  • FAR 45.202 Evaluation procedures.
    (a) The contracting officer shall consider any potentially unfair competitive advantage that may result from an offeror or contractor possessing Government property. This shall be done by adjusting the offers by applying, for evaluation pur…
  • FAR 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.
    …n covered by such subsections for anything of value; or (B) Obtaining or giving anyone a competitive advantage in the award of a Federal agency procurement contract; or (ii) The head of the contracting activity has determined, based upon …
  • DFARS 245.604-1 Sales procedures.
    …les shall be at fair and reasonable prices, not less than those reasonably expected under competitive sales. (iii) Conditions justifying negotiated sales are— (A) No acceptable bids are received under competitive sale; (B) Anticipated sa…
  • FAR 8.405-3 Blanket purchase agreements (BPAs).
    …A (see (a)(3)(iv)); (vii) Evidence of compliance with paragraph (b) of this section, for competitively awarded BPAs, if applicable; and (viii) Basis for the award decision. This should include the evaluation methodology used in selecting …
  • FAR 15.305 Proposal evaluation.
    …eror's ability to perform the prospective contract successfully. An agency shall evaluate competitive proposals and then assess their relative qualities solely on the factors and subfactors specified in the solicitation. Evaluations may be …
  • FAR 44.303 Extent of review.
    …ntracts awarded by the contractor exclusively in support of Government contracts that are competitively awarded firm-fixed-price, competitively awarded fixed-price with economic price adjustment, or awarded for commercial products and comme…
  • FAR 8.405-1 Ordering procedures for supplies, and services not requiring a statement of work.
    …rders exceeding the simplified acquisition threshold. (1) Each order shall be placed on a competitive basis in accordance with (d)(2) and (3) of this section, unless this requirement is waived on the basis of a justification that is prepare…
  • FAR 14.101 Elements of sealed bidding.
    Sealed bidding is a method of contracting that employs competitive bids, public opening of bids, and awards. The following steps are involved: (a) Preparation of invitations for bids. Invitations must describe the requirements of the Gover…
  • FAR 15.404-4 Profit.
    …levant factors are considered. Subject to the authorities in 1.301(c), agencies making noncompetitive contract awards over $100,000 totaling $50 million or more a year— (i) Shall use a structured approach for determining the profit or fee …
  • FAR 17.105-2 Objectives.
    …ity control techniques and procedures for a new contractor each year. (g) Broadening the competitive base with opportunity for participation by firms not otherwise willing or able to compete for lesser quantities, particularly in cases inv…
  • FAR 19.000 Scope of part.
    …menting the programs; (3) Setting acquisitions aside, in total or in part, for exclusive competitive participation by small business, 8(a) participants, HUBZone small business concerns, service-disabled veteran-owned small business (SDVOSB…
  • FAR 19.302 Protesting a small business representation or rerepresentation.
    …ll business representation of an offeror in a specific offer for a contract. However, for competitive 8(a) contracts, the filing of a protest is limited to an offeror, the contracting officer, or SBA. See 13 CFR 121.1001(a). (b) Any time a…
  • FAR 19.402 Small Business Administration procurement center representatives.
    …all Business Program; (iii) Breakout of discrete components, items, and requirements for competitive acquisitions; and (iv) Ways to improve competition. (2) Reviewing proposed acquisition packages provided in accordance with 19.202-1(e).…
  • FAR 19.705-2 Determining the need for a subcontracting plan.
    …om plans should be negotiated, the contracting officer must consider the integrity of the competitive process, the goal of affording maximum practicable opportunity for small business, veteran-owned small business, service-disabled veteran-…
  • FAR 19.803 Selecting acquisitions for the 8(a) program.
    … assigned NAICS code, business support levels, and business activity targets; or (ii) If competitive, a statement that at least two 8(a) participants are considered capable of satisfying the agency's requirements and a statement that the p…
  • FAR 32.202-1 Policy.
    …not exceed 15 percent of the contract price; (7) The contract is awarded on the basis of competitive procedures or, if only one offer is solicited, adequate consideration is obtained (based on the time value of the additional financing to …
  • FAR 41.201 Policy.
    …eral Energy Regulatory Commission. (e) Prior to acquiring electric utility services on a competitive basis, the contracting officer shall determine, with the advice of legal counsel, by a market survey or any other appropriate means, e.g. …
  • FAR 41.204 GSA areawide contracts.
    …ent. If service is available from more than one supplier, service shall be acquired using competitive acquisition procedures (see 41.202(a)). The determination required by paragraph (c)(1)(ii) of this section shall be documented in the cont…
  • FAR 41.401 Monthly and annual review.
    …ices to each facility under the utility's most economical, applicable rate and to examine competitive markets for more advantageous service offerings. The annual review shall be based upon the facility's usage, conditions and characteristic…
  • FAR 44.202-2 Considerations.
    …competition or result in higher prices; (3) Subcontracts are proposed for award on a non-competitive basis, at prices that appear unreasonable, or at prices higher than those offered to the Government in comparable circumstances; or (4) S…
  • FAR 52.219-9 Small Business Subcontracting Plan.
    … as part or all of a goal contained in the Contractor's subcontracting plan. (6) For all competitive subcontracts over the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award, in which a small busines…
  • DFARS 215.304 Evaluation factors and significant subfactors.
    … sustainment factors and objective reliability and maintainability evaluation criteria in competitive contracts for the— (A) Technical maturation and risk reduction phase of weapon system design (see guidance at PGI 207.105(b)(14)(ii)(2));…

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.