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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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76 sections with “contract pricing type”: the first 40

  • FAR 12.207 Contract type.
    … Except as provided in paragraph (b) of this section, agencies shall use firm-fixed-price contracts or fixed-price contracts with economic price adjustment for the acquisition of commercial products or commercial services. (b)(1) A time-an…
  • FAR 16.103 Negotiating contract type.
    (a) Selecting the contract type is generally a matter for negotiation and requires the exercise of sound judgment. Negotiating the contract type and negotiating prices are closely related and should be considered together. The objective is …
  • FAR 16.104 Factors in selecting contract types.
    There are many factors that the contracting officer should consider in selecting and negotiating the contract type. They include the following: (a) Price competition. Normally, effective price competition results in realistic pricing, and …
  • DFARS 235.006 Contracting methods and contract type.
    …n authority of an intent not to exercise a fixed-price production option on a development contract for a major weapon system reasonably in advance of the expiration of the option exercise period. (ii) For other than major defense acquisiti…
  • FAR 36.207 Pricing fixed-price construction contracts.
    (a) Generally, firm-fixed-price contracts shall be used to acquire construction. They may be priced (1) on a lump-sum basis (when a lump sum is paid for the total work or defined parts of the work), (2) on a unit-price basis (when a unit pr…
  • DFARS 243.205-70 Pricing of contract modifications.
    Use the clause at 252.243-7001, Pricing of Contract Modifications, in solicitations and contracts when anticipating and using a fixed price type contract.
  • FAR 4.803 Contents of contract files.
    The following are examples of the records normally contained, if applicable, in contract files: (a) Contracting office contract file. (1) Purchase request, acquisition planning information, and other presolicitation documents. (2) Justifi…
  • FAR 12.504 Applicability of certain laws to subcontracts for the acquisition of commercial products and commercial services.
    (a) The following laws are not applicable to subcontracts at any tier for the acquisition of commercial products or commercial services at any tier: (1) 10 U.S.C. 2631, Transportation of Supplies by Sea (except for the types of subcontract…
  • FAR 15.402 Pricing policy.
    Contracting officers shall— (a) Purchase supplies and services from responsible sources at fair and reasonable prices. In establishing the reasonableness of the offered prices, the contracting officer— (1) Shall obtain certified cost or p…
  • 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).
    …cquisition threshold. (b) Exceptions to certified cost or pricing data requirements. The contracting officer shall not require certified cost or pricing data to support any action (contracts, subcontracts, or modifications) (but may requir…
  • FAR 15.403-3 Requiring data other than certified cost or pricing data.
    (a)(1) In those acquisitions that do not require certified cost or pricing data, the contracting officer shall— (i) Obtain whatever data are available from Government or other secondary sources and use that data in determining a fair and r…
  • FAR 15.408 Solicitation provisions and contract clauses.
    (a) Changes or Additions to Make-or-Buy Program. The contracting officer shall insert the clause at 52.215-9, Changes or Additions to Make-or-Buy Program, in solicitations and contracts when it is contemplated that a make-or- buy program wi…
  • FAR 16.403-1 Fixed-price incentive (firm target) contracts.
    (a) Description. A fixed-price incentive (firm target) contract specifies a target cost, a target profit, a price ceiling (but not a profit ceiling or floor), and a profit adjustment formula. These elements are all negotiated at the outset.…
  • FAR 16.403-2 Fixed-price incentive (successive targets) contracts.
    (a) Description. (1) A fixed-price incentive (successive targets) contract specifies the following elements, all of which are negotiated at the outset: (i) An initial target cost. (ii) An initial target profit. (iii) An initial profit ad…
  • FAR 16.601 Time-and-materials contracts.
    (a) Definitions for the purposes of Time-and-Materials Contracts. Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product o…
  • FAR 16.603-4 Contract clauses.
    (a) The contracting officer shall include in each letter contract the clauses required by this regulation for the type of definitive contract contemplated and any additional clauses known to be appropriate for it. (b) In addition, the cont…
  • FAR 19.704 Subcontracting plan requirements.
    (a) Each subcontracting plan required under 19.301-2(e) and 19.702(a)(1)(i), (ii), and (iii) shall include— (1) Separate percentage goals for using small business (including ANCs and Indian tribes), veteran-owned small business, service-di…
  • FAR 19.705-4 Reviewing the subcontracting plan.
    The contracting officer shall review the subcontracting plan for adequacy, ensuring that the required information, goals, and assurances are included (see 19.704). (a) No detailed standards apply to every subcontracting plan. Instead, the …
  • FAR 22.407 Solicitation provision and contract clauses.
    (a) Insert the following clauses in solicitations and contracts in excess of $2,000 for construction within the United States: (1) 52.222-6, Construction Wage Rate Requirements. (2) 52.222-7, Withholding of Funds. (3) 52.222-8, Payrolls …
  • FAR 32.102 Description of contract financing methods.
    (a) Advance payments are advances of money by the Government to a prime contractor before, in anticipation of, and for the purpose of complete performance under one or more contracts. They are expected to be liquidated from payments due to …
  • FAR 36.214 Special procedures for price negotiation in construction contracting.
    …the policies and procedures in part 15 when negotiating prices for construction. (b) The contracting officer shall evaluate proposals and associated certified cost or pricing data and data other than certified cost or pricing data and shal…
  • FAR 42.705-1 Contracting officer determination procedure.
    (a) Applicability and responsibility. Contracting officer determination shall be used for the following, with the indicated cognizant contracting officer (or cognizant Federal agency official) responsible for establishing the final indirect…
  • FAR 52.216-25 Contract Definitization.
    As prescribed in 16.603-4(b)(3), insert the following clause: Contract Definitization (OCT 2010) (a) A ____ [insert specific type of contract] definitive contract is contemplated. The Contractor agrees to begin promptly negotiating with t…
  • FAR 52.219-9 Small Business Subcontracting Plan.
    As prescribed in 19.708(b), insert the following clause: Small Business Subcontracting Plan (JAN 2025) (a) This clause does not apply to small business concerns. (b) Definitions. As used in this clause— Alaska Native Corporation (ANC) m…
  • FAR 52.244-2 Subcontracts.
    As prescribed in 44.204(a)(1), insert the following clause: Subcontracts (JUN 2020) (a) Definitions. As used in this clause— Approved purchasing system means a Contractor's purchasing system that has been reviewed and approved in accorda…
  • DFARS 212.301 Solicitation provisions and contract clauses for the acquisition of commercial products and commercial services.
    …7301. (f) The following additional provisions and clauses apply to DoD solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products and commercial services. If the offeror has completed any of the fol…
  • DFARS 217.7406 Contract clauses.
    …icitations associated with UCAs; (3) Basic ordering agreements; (4) Indefinite-delivery contracts; (5) Any other type of contract providing for the use of UCAs; and (6) Unpriced change orders with an estimated value exceeding $5 million…
  • DFARS 225.870-4 Contracting procedures.
    (a) Except for contracts described in 225.870-1(c)(1) through (4), award individual contracts covering purchases from suppliers located in Canada to the Canadian Commercial Corporation, 350 Albert Street, Suite 700, Ottawa, ON K1R 1A4. (b)…
  • DFARS 252.215-7014 Exception from Certified Cost or Pricing Data Requirements for Foreign Military Sales Indirect Offsets.
    … Definition. As used in this clause— Offset means a benefit or obligation agreed to by a contractor and a foreign government or international organization as an inducement or condition to purchase supplies or services pursuant to a foreign…
  • DFARS 252.217-7027 Contract Definitization.
    As prescribed in 217.7406(b), use the following clause: Contract Definitization (MAY 2023) (a) A___ [insert specific type of contract action] is contemplated. The Contractor agrees to begin promptly negotiating with the Contracting Office…
  • FAR 2.101 Definitions.
    … or term when used in that part, subpart, or section. Acquisition means the acquiring by contract with appropriated funds of supplies or services (including construction) by and for the use of the Federal Government through purchase or lea…
  • FAR 8.402 General.
    …lies and commercial services at prices associated with volume buying. Indefinite delivery contracts are awarded to provide supplies and services at stated prices for given periods of time. GSA may delegate certain responsibilities to other …
  • FAR 8.404 Use of Federal Supply Schedules.
    …9.202-1(e)(1)(iii))do not apply to BPAs or orders placed against Federal Supply Schedules contracts (but see 8.405-5). BPAs and orders placed against a MAS, using the procedures in this subpart, are considered to be issued using full and op…
  • FAR 15.404-1 Proposal analysis techniques.
    …sal analysis is to ensure that the final agreed-to price is fair and reasonable. (1) The contracting officer is responsible for evaluating the reasonableness of the offered prices. The analytical techniques and procedures described in this…
  • FAR 15.404-2 Data to support proposal analysis.
    (a) Field pricing assistance. (1) The contracting officer should request field pricing assistance when the information available at the buying activity is inadequate to determine a fair and reasonable price. The contracting officer shall ta…
  • FAR 15.405 Price negotiation.
    …f performing cost or price analysis is to develop a negotiation position that permits the contracting officer and the offeror an opportunity to reach agreement on a fair and reasonable price. A fair and reasonable price does not require tha…
  • FAR 15.406-3 Documenting the negotiation.
    (a) The contracting officer shall document in the contract file the principal elements of the negotiated agreement. The documentation (e.g., price negotiation memorandum (PNM)) shall include the following: (1) The purpose of the negotiatio…
  • FAR 15.407-2 Make-or-buy programs.
    (a) General. The prime contractor is responsible for managing contract performance, including planning, placing, and administering subcontracts as necessary to ensure the lowest overall cost and technical risk to the Government. When make-o…
  • FAR 15.407-4 Should-cost review.
    …cost reviews differ from traditional evaluation methods because they do not assume that a contractor's historical costs reflect efficient and economical operation. Instead, these reviews evaluate the economy and efficiency of the contractor…
  • FAR 16.205-3 Limitations.
    This contract type shall not be used unless— (a) Negotiations have established that (1) the conditions for use of a firm-fixed-price contract are not present (see 16.202-2), and (2) a fixed-price incentive contract would not be more approp…

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.