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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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86 sections with “determination and finding (D & F)”: the first 40

  • FAR 32.410 Findings, determination, and authorization.
    (a) Each determination concerning advance payments shall be supported by written findings (see 32.402(c)(1)(iii)). (b) The following is an example of the format and text of findings, determination, and authorization with alternative words,…
  • FAR 1.703 Class determinations and findings.
    (a) A class D&F provides authority for a class of contract actions. A class may consist of contract actions for the same or related supplies or services or other contract actions that require essentially identical justification. (b) The fi…
  • DFARS 232.410 Findings, determination, and authorization.
    If an advance payment procedure is used without a special bank account, follow the procedures at PGI 232.410.
  • FAR 22.404-5 Expiration of project wage determinations.
    … 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 bidding: (1) If a project wage determinat…
  • FAR 22.404-6 Modifications of wage determinations.
    (a) General. (1) The Department of Labor may modify a wage determination to make it current by specifying only the items being changed or by reissuing the entire determination with changes incorporated. (2) All project wage determination m…
  • FAR 52.222-41 Service Contract Labor Standards.
    …ermined by the Secretary of Labor, or authorized representative, as specified in any wage determination attached to this contract. (2)(i) If a wage determination is attached to this contract, the Contractor shall classify any class of serv…
  • DFARS 215.407-5-70 Disclosure, maintenance, and review requirements.
    … allow the contracting officer to understand the weaknesses or deficiencies. (2) Initial determination. (i) The contracting officer shall review all findings and recommendations and, if there are no material weaknesses, shall promptly noti…
  • DFARS 216.601 Time-and-materials contracts.
    (d) Limitations. (i)(A) Approval of determination and findings for time-and-materials or labor-hour contracts. (1) Base period plus any option periods is three years or less. (i) For contracts (including indefinite-delivery contracts) and…
  • 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 6.302-7 Public interest.
    …e used when none of the other authorities in 6.302 apply. (c) Limitations. (1) A written determination to use this authority shall be made in accordance with subpart 1.7, by (i) the Secretary of Defense, the Secretary of the Army, the Secr…
  • 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).
    …quire data other than certified cost or pricing data as defined in FAR 2.101 to support a determination of a fair and reasonable price or cost realism)— (1) When the contracting officer determines that prices agreed upon are based on adequ…
  • FAR 2.101 Definitions.
    …) For use in subpart 9.4, see the definition at 9.403. (2) For use of affiliates in size determinations, see the definition of “small business concern” in this section. Agency head or head of the agency means the Secretary, Attorney Gener…
  • FAR 7.503 Policy.
    …at support, or combat service support role. (4) The conduct of foreign relations and the determination of foreign policy. (5) The determination of agency policy, such as determining the content and application of regulations, among other …
  • FAR 16.401 General.
    … the overall limitations in 16.301 that apply to all cost-reimbursement contracts. (d) A determination and finding, signed by the head of the contracting activity, shall be completed for all incentive- and award-fee contracts justifying th…
  • FAR 16.601 Time-and-materials contracts.
    …-materials contract or order may be used only if— (1) The contracting officer prepares a determination and findings that no other contract type is suitable. The determination and finding shall be— (i) Signed by the contracting officer pri…
  • FAR 19.306 Protesting a firm's status as a HUBZone small business concern.
    …ts at 19.302, and 13 CFR 121.103(h)(2), which treats the pair as joint venturers for size determination purposes (the “ostensible subcontractor rule”). (e) Submission of a protest. (1) An interested party shall submit its writtten protest …
  • FAR 19.308 Protesting a firm's status as an economically disadvantaged women-owned small business concern or women-owned small business concern eligible under the Women-Owned Small Business Program.
    …ts at 19.302, and 13 CFR 121.103(h)(2), which treats the pair as joint venturers for size determination purposes (the “ostensible subcontractor rule”). (2) Assertions that a protested concern is not an EDWOSB or WOSB concern eligible under…
  • FAR 52.209-13 Violation of Arms Control Treaties or Agreements—Certification.
    …hat contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to …
  • DFARS 217.172 Multiyear contracts for supplies.
    …ection will be met by such contract, in accordance with the Secretary's certification and determination required by paragraph (h)(2) of this section. (g) The head of the agency may enter into a multiyear contract for— (1) A weapon system …
  • DFARS 225.7004-6 Waiver of restrictions.
    … acquire capability for national security purposes. (2) Document the waiver in a written determination and findings containing— (i) The factors supporting the waiver; and (ii) A certification that the acquisition must be made in order to…
  • DFARS 234.201 Policy.
    …allow the contracting officer to understand the weaknesses or deficiencies. (ii) Initial determination. (A) The contracting officer shall review all findings and recommendations and, if there are no material weaknesses, shall promptly noti…
  • DFARS 237.104 Personal services contracts.
    …ersonal service contracts for expert and consultant services must also be authorized by a determination and findings (D&F) in accordance with department/agency regulations. (A) Generally, the D&F should authorize one contract at a time; ho…
  • DFARS 242.7203 Review procedures.
    … allow the contracting officer to understand the weaknesses or deficiencies. (2) Initial determination. (i) The contracting officer shall review findings and recommendations and, if there are no material weaknesses, shall promptly notify t…
  • DFARS 242.7502 Policy.
    …encies. Follow the procedures at PGI 242.7502 for reporting of deficiencies. (2) Initial determination. (i) The contracting officer shall review findings and recommendations and, if there are no material weaknesses, shall promptly notify t…
  • DFARS 244.305-70 Policy.
    … allow the contracting officer to understand the weaknesses or deficiencies. (2) Initial determination. (i) The contracting officer shall review all findings and recommendations and, if there are no material weaknesses, shall promptly noti…
  • DFARS 245.105 Contractors' property management system compliance.
    … allow the contracting officer to understand the weaknesses or deficiencies. (2) Initial determination. (i) The contracting officer shall review findings and recommendations and, if there are no material weaknesses, shall promptly notify t…
  • FAR 1.704 Content.
    …set forth enough facts and circumstances to clearly and convincingly justify the specific determination made. As a minimum, each D&F shall include, in the prescribed agency format, the following information: (a) Identification of the agenc…
  • FAR 4.803 Contents of contract files.
    …ning information, and other presolicitation documents. (2) Justifications and approvals, determinations and findings, and associated documents. (3) Evidence of availability of funds. (4) Synopsis of proposed acquisition as required by pa…
  • FAR 25.202 Exceptions.
    … sufficient and reasonably available commercial quantities of a satisfactory quality. The determinations of nonavailability of the articles listed at 25.104(a) and the procedures at 25.103(b)(1) also apply if any of those articles are acqui…
  • FAR 52.232-12 Advance Payments.
    …ndirect costs. Other withdrawals require approval in writing by the administering office. Determinations of whether costs are properly allocable, allowable, and reasonable shall be in accordance with generally accepted accounting principles…
  • DFARS 225.872-4 Individual determinations.
    …e listed in 225.872-1(b), as evaluated, is low or otherwise eligible for award, prepare a determination and findings exempting the acquisition from the Buy American statute and the Balance of Payments Program as inconsistent with the public…
  • DFARS 225.7002-2 Exceptions.
    …ls are authorized, without power of redelegation, to make such a domestic nonavailability determination: (i) The Under Secretary of Defense (Acquisition and Sustainment). (ii) The Secretary of the Army. (iii) The Secretary of the Navy. …
  • DFARS 228.370-2 General.
    …the contractor's share of loss provisions, the contracting officer shall make a liability determination in accordance with paragraph (g) of this section. (2) Contracting officers should consult with the requiring activity and the assigned …
  • DFARS 252.235-7004 Protection of Human Subjects.
    …he purposes expressed in 32 CFR Part 219 (32 CFR 219.102(g)). (6) IRB approval means the determination of the IRB that the research has been reviewed and may be conducted at an institution within the constraints set forth by the IRB and by…
  • FAR 1.701 Definition.
    Determination and Findings (D&F) means a special form of written approval by an authorized official that is required by statute or regulation as a prerequisite to taking certain contract actions. The determination is a conclusion or decisio…
  • FAR 25.1001 Waiver of right to examination of records.
    …, additional cost, and time of delivery; and (iii) The head of the agency has executed a determination and findings in accordance with paragraph (b) of this section, with the concurrence of the Comptroller General. However, concurrence of …
  • FAR 32.402 General.
    …bly available financing. (c) If statutory requirements and standards for advance payment determinations are met, the contracting officer shall generally recommend that the agency authorize advance payments. (1) The statutory requirements …
  • FAR 52.245-1 Government Property.
    … property), or other disposition, or via a completed investigation, evaluation, and final determination for lost property. This requirement applies to all Government property under the Contractor's accountability, stewardship, possession or…
  • DFARS 211.274-2 Policy for item unique identification.
    … disaster assistance; or to support response to an emergency or major disaster; or (2) A determination and findings has been executed concluding that it is more cost effective for the Government requiring activity to assign, mark, and regi…
  • DFARS 245.102 Policy.
    …covery from nuclear, biological, chemical, or radiological attack; (C) Items for which a determination and findings has been executed concluding that it is more cost effective for the Government requiring activity to assign, mark, and regi…

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.