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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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165 sections with “contracting by negotiation”: the first 40

  • FAR 36.520 Contracting by negotiation.
    The contracting officer shall insert in solicitations for construction the provision at 52.236-28, Preparation of Offers—Construction, when contracting by negotiation.
  • FAR 53.215 Contracting by negotiation.
  • DFARS 253.215 Contracting by negotiation.
  • DFARS 219.702-70 Statutory requirements for the Test Program for Negotiation of Comprehensive Small Business Subcontracting Plans.
    …U.S.C. 637 note, DoD has established a test program to determine whether comprehensive subcontracting plans on a corporate, division, or plant-wide basis will reduce administrative burdens while enhancing subcontracting opportunities for sm…
  • 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 36.606 Negotiations.
    …Unless otherwise specified by the selection authority, the final selection authorizes the contracting officer to begin negotiations. Negotiations shall be conducted in accordance with part 15 of this chapter, beginning with the most preferr…
  • 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 52.215-2 Audit and Records—Negotiation.
    …determinable contract, or any combination of these, the Contractor shall maintain and the Contracting Officer, or an authorized representative of the Contracting Officer, shall have the right to examine and audit all records and other evide…
  • FAR 12.203 Procedures for solicitation, evaluation, and award.
    (a) Contracting officers shall use the policies unique to the acquisition of commercial products and commercial services prescribed in this part in conjunction with the policies and procedures for solicitation, evaluation and award prescrib…
  • FAR 15.209 Solicitation provisions and contract clauses.
    When contracting by negotiation— (a) 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 withou…
  • 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 15.408 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 16.203-4 Contract clauses.
    (a) Adjustment based on established prices—standard supplies. (1) The contracting officer shall, when contracting by negotiation, insert the clause at 52.216-2, Economic Price Adjustment—Standard Supplies, or an agency-prescribed clause as …
  • FAR 17.202 Use of options.
    …to the limitations of paragraphs (b) and (c) of this section, for both sealed bidding and contracting by negotiation, the contracting officer may include options in contracts when it is in the Government's interest. When using sealed biddin…
  • FAR 19.708 Contract clauses.
    …d States and its outlying areas. (b)(1) Insert the clause at 52.219-9, Small Business Subcontracting Plan, in solicitations and contracts that offer subcontracting possibilities, are expected to exceed $900,000 ($2 million for construction…
  • FAR 22.404-5 Expiration of project wage determinations.
    (a) The contracting officer shall make every effort to ensure that contract award is made before expiration of the project wage determination included in the solicitation. (b) The following procedure applies when contracting by sealed bidd…
  • FAR 22.404-6 Modifications of wage determinations.
    …he work in a solicitation is determined by the time of receipt of the modification by the contracting agency. Therefore, the contracting agency must annotate the modification of the project wage determination with the date and time immediat…
  • FAR 42.1305 Contract clauses.
    (a) The contracting officer shall insert the clause at 52.242-14, Suspension of Work, in solicitations and contracts when a fixed-price construction or architect-engineer contract is contemplated. (b)(1) The contracting officer may, when c…
  • FAR 44.204 Contract clauses.
    (a)(1) The contracting officer shall insert the clause at 52.244-2, Subcontracts, in solicitations and contracts when contemplating— (i) A cost-reimbursement contract; (ii) A letter contract that exceeds the simplified acquisition thresho…
  • DFARS 208.7003-2 Assignments under coordinated acquisition.
    Requiring departments must submit to the acquiring department all contracting requirements for items assigned for coordinated acquisition, except— (a) Items obtained through the sources in FAR 8.002(a)(1) (i) through (vii); (b) Items obta…
  • DFARS 212.301 Solicitation provisions and contract clauses for the acquisition of commercial products and commercial services.
    …ally as part of its annual representations and certifications at https://www.sam.gov, the contracting officer shall consider this information instead of requiring the offeror to complete these provisions for a particular solicitation. The c…
  • FAR 7.204 Responsibilities of contracting officers.
    (a) Contracting officers are responsible for transmitting offeror responses to the solicitation provision at 52.207-4 to appropriate inventory management/requirements development activities in accordance with agency procedures. The economic…
  • FAR 17.104 General.
    (a) Multiyear contracting is a special contracting method to acquire known requirements in quantities and total cost not over planned requirements for up to 5 years unless otherwise authorized by statute, even though the total funds ultimat…
  • FAR 2.101 Definitions.
    …rights and obligations of the parties. Change order means a written order, signed by the contracting officer, directing the contractor to make a change that the Changes clause authorizes the contracting officer to order without the contrac…
  • FAR 4.803 Contents of contract files.
    …ng 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) Justifications and…
  • FAR 5.405 Exchange of acquisition information.
    …ame item or class of items is being acquired by more than one agency, or by more than one contracting activity within an agency, the exchange and coordination of pertinent information, particularly cost and pricing data, between these agenc…
  • FAR 6.303-1 Requirements.
    (a) A contracting officer shall not commence negotiations for a sole source contract, commence negotiations for a contract resulting from an unsolicited proposal, or award any other contract without providing for full and open competition u…
  • FAR 9.506 Procedures.
    …valuate potential organizational conflicts of interest or to develop recommended actions, contracting officers should first seek the information from within the Government or from other readily available sources. Government sources include …
  • FAR 12.102 Applicability.
    …t meet the definitions of commercial product or commercial service at section 2.101. (b) Contracting officers shall use the policies in this part in conjunction with the policies and procedures for solicitation, evaluation and award prescr…
  • FAR 14.503-1 Step one.
    …rements will be contained in the invitation issued under step two. (c) Upon receipt, the contracting officer shall— (1) Safeguard proposals against disclosure to unauthorized persons; (2) Accept and handle data marked in accordance with …
  • FAR 15.306 Exchanges with offerors after receipt of proposals.
    …etitive range. Based on the ratings of each proposal against all evaluation criteria, the contracting officer shall establish a competitive range comprised of all of the most highly rated proposals, unless the range is further reduced for 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 15.404-1 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 15.404-3 Subcontract pricing considerations.
    (a) The contracting officer is responsible for the determination of a fair and reasonable price for the prime contract, including subcontracting costs. The contracting officer should consider whether a contractor or subcontractor has an app…
  • FAR 15.404-4 Profit.
    …e clearly inappropriate. (2) Agencies may use another agency's structured approach. (c) Contracting officer responsibilities. (1) When the price negotiation is not based on cost analysis, contracting officers are not required to analyze p…
  • FAR 15.407-1 Defective certified cost or pricing data.
    (a) If, before agreement on price, the contracting officer learns that any certified cost or pricing data submitted are inaccurate, incomplete, or noncurrent, the contracting officer shall immediately bring the matter to the attention of th…
  • FAR 15.407-2 Make-or-buy programs.
    …liates, subsidiaries, or divisions. (c) Acquisitions requiring make-or-buy programs. (1) Contracting officers may require prospective contractors to submit make-or-buy program plans for negotiated acquisitions requiring certified cost or p…
  • FAR 15.407-4 Should-cost review.
    …, and management. These reviews are accomplished by a multi-functional team of Government contracting, contract administration, pricing, audit, and engineering representatives. The objective of should-cost reviews is to promote both short a…

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.