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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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35 sections with “competitive negotiation”

  • 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 19.808-2 Competitive.
    In competitive 8(a) acquisitions, including follow-on 8(a) acquisitions, subject to part 15, the contracting officer conducts negotiations directly with the competing 8(a) participants. Conducting competitive negotiations among eligible 8(a…
  • FAR 15.306 Exchanges with offerors after receipt of proposals.
    … and 41 U.S.C. 3703(a)(2)). (b) Communications with offerors before establishment of the competitive range. Communications are exchanges, between the Government and offerors, after receipt of proposals, leading to establishment of the comp…
  • FAR 15.404-1 Proposal analysis techniques.
    …ignificant inconsistencies that warrant additional pricing inquiry. (iv) Comparison with competitive published price lists, published market prices of commodities, similar indexes, and discount or rebate arrangements. (v) Comparison of pr…
  • 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 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 15.607 Criteria for acceptance and negotiation of an unsolicited proposal.
    … the Government without restriction from another source; (2) Closely resembles a pending competitive acquisition requirement; (3) Does not relate to the activity's mission; or (4) Does not demonstrate an innovative and unique method, app…
  • FAR 5.303 Announcement of contract awards.
    … or (2) For awards after negotiation, the information prescribed by 15.503(b), and after competitive negotiation (either price or design competition), a statement to this effect, and in general terms the basis for selection.
  • FAR 15.209 Solicitation provisions and contract clauses.
    … The contracting officer shall insert the provision at 52.215-1, Instructions to Offerors—Competitive Acquisition, in all competitive solicitations where the Government intends to award a contract without discussions. (1) If the Government…
  • FAR 32.113 Customary contract financing.
    …with subpart 32.5. (d) Financing of contracts for supplies or services awarded under the competitive negotiation method of procurement in accordance with part 15, through either progress payments based on costs in accordance with subpart 3…
  • FAR 36.303 Procedures.
    …ne which offerors will submit proposals for Phase Two. One contract will be awarded using competitive negotiation.
  • FAR 37.115-2 General policy.
    … of technical expertise required to fulfill the Government's requirements (see 15.305 for competitive negotiations and 15.404-1(d) for cost realism analysis). When acquiring these services, contracting officers must conduct a risk assessmen…
  • DFARS 252.244-7001 Contractor Purchasing System Administration.
    … a consistent make-or-buy policy that is in the best interest of the Government; (7) Use competitive sourcing to the maximum extent practicable, and ensure debarred or suspended contractors are properly excluded from contract award; (8) E…
  • DFARS 252.247-7002 Revision of prices.
    …ctive date of the price revision. (2) If the prices in this contract were established by competitive negotiation, they shall not be revised upward unless justified by changes in conditions occurring after the contract was awarded. (3) The…
  • FAR 15.307 Proposal revisions.
    (a) If an offerors proposal is eliminated or otherwise removed from the competitive range, no further revisions to that offeror's proposal shall be accepted or considered. (b) The contracting officer may request or allow proposal revisions…
  • FAR 15.403-1 Prohibition on obtaining certified cost or pricing data (10 U.S.C. chapter 271 and 41 U.S.C. chapter 35).
    … with section 41 U.S.C. 3501: (A) When purchasing services that are not offered and sold competitively in substantial quantities in the commercial marketplace, but are of a type offered and sold competitively in substantial quantities in t…
  • FAR 15.403-3 Requiring data other than certified cost or pricing data.
    …dom of Information Act (5 U.S.C. 552(b)). (3) For services that are not offered and sold competitively in substantial quantities in the commercial marketplace, but are of a type offered and sold competitively in substantial quantities in t…
  • FAR 41.202 Procedures.
    … service is not available, the market survey may be used to determine the availability of competitive sources for certain portions of the requirement. The scope of the term “entire utility service” includes the provision of the utility serv…
  • FAR 14.404-1 Cancellation of invitations after opening.
    (a)(1) Preservation of the integrity of the competitive bid system dictates that, after bids have been opened, award must be made to that responsible bidder who submitted the lowest responsive bid, unless there is a compelling reason to rej…
  • 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 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 15.407-4 Should-cost review.
    …mount of Government business. (ii) Level of Government participation. (iii) Level of noncompetitive Government contracts. (iv) Volume of proposal activity. (v) Major system or program. (vi) Corporate reorganizations, mergers, acquisiti…
  • FAR 15.408 Solicitation provisions and contract clauses.
    …ompetition. For interorganizational transfers priced at other than the cost of comparable competitive commercial work of the division, subsidiary, or affiliate of the contractor, explain the pricing method (see FAR 31.205-26(e)). (2) All O…
  • FAR 17.202 Use of options.
    …a reasonable price); and (ii) Delivery requirements far enough into the future to permit competitive acquisition, production, and delivery. (2) An indefinite quantity or requirements contract would be more appropriate than a contract with…
  • FAR 19.804-3 SBA acceptance.
    …ill be based upon relevant factors, including business development needs, compliance with competitive business mix requirements (if applicable), financial condition, management ability, technical capability, and whether award will promote t…
  • FAR 28.101-4 Noncompliance with bid guarantee requirements.
    …are not met, deficiencies in bid guarantees submitted by offerors determined to be in the competitive range shall be addressed during discussions and the offeror shall be given an opportunity to correct the deficiency. (c) Noncompliance wi…
  • 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 49.107 Audit of prime contract settlement proposals and subcontract settlements.
    …g review of a subcontractor's settlement proposal when— (i) A subcontractor objects, for competitive reasons, to an accounting review of its records by an upper tier contractor; (ii) The Government audit agency is currently performing aud…
  • DFARS 215.371-3 Fair and reasonable price and the requirement for additional cost or pricing data.
    …ions that exceed the simplified acquisition threshold, if only one offer is received when competitive procedures were used and it is not necessary to resolicit in accordance with 215.371-2(a), then then the contracting officer shall comply …
  • DFARS 215.404-4 Profit.
    …sponsibilities. (1) Also, do not perform a profit analysis when assessing cost realism in competitive acquisitions. (2) When using a structured approach, the contracting officer— (A) Shall use the weighted guidelines method (see 215.404-7…
  • DFARS 227.7103-5 Government rights.
    … to disclose the data outside the Government or if the additional rights are required for competitive reprocurement and the anticipated savings expected to be obtained through competition are estimated to exceed the acquisition cost of the …
  • DFARS 227.7202-1 Policy.
    …ercial computer software and commercial computer software documentation shall be obtained competitively, to the maximum extent practicable, using firm-fixed-price contracts or firm-fixed-priced orders under available pricing schedules. (c)…
  • DFARS 252.227-7013 Rights in Technical Data—Other Than Commercial Products and Commercial Services.
    …rnment to foreign governments or international organizations. Government purposes include competitive procurement, but do not include the rights to use, modify, reproduce, release, perform, display, or disclose technical data for commercial…
  • DFARS 252.227-7014 Rights in Other Than Commercial Computer Software and Other Than Commercial Computer Software Documentation.
    …rnment to foreign governments or international organizations. Government purposes include competitive procurement, but do not include the rights to use, modify, reproduce, release, perform, display, or disclose computer software or computer…
  • DFARS 252.227-7018 Rights in Other Than Commercial Technical Data and Computer Software—Small Business Innovation Research Program and Small Business Technology Transfer Program.
    …rnment to foreign governments or international organizations. Government purposes include competitive procurement, but do not include the rights to use, modify, reproduce, release, perform, display, or disclose technical data or computer so…

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.