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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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70 sections with “determination and findings (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.
  • 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…
  • 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…
  • 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 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 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 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 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 8.404 Use of Federal Supply Schedules.
    …e fair and reasonable. Therefore, ordering activities are not required to make a separate determination of fair and reasonable pricing, except for a price evaluation as required by 8.405-2(d). By placing an order against a schedule contract…
  • FAR 12.207 Contract type.
    …ultiple-award delivery-order contract; and (ii) The contracting officer— (A) Executes a determination and findings (D&F) for the contract, in accordance with paragraph (b)(2) of this section (but see paragraph (c) of this section for inde…
  • FAR 17.502-2 The Economy Act.
    …0 U.S.C. 11302(e) for Governmentwide acquisition contracts (GWACs). (c) Requirements for determinations and findings. (1) Each Economy Act order to obtain supplies or services by interagency acquisition shall be supported by a determinatio…
  • 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…
  • 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 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 6.202 Establishing or maintaining alternative sources.
    …tract action under the authority of paragraph (a) of this section shall be supported by a determination and findings (D&F) (see subpart 1.7) signed by the head of the agency or designee. This D&F shall not be made on a class basis. (2) Tec…
  • 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 206.202 Establishing or maintaining alternative sources.
    …rity to totally or partially exclude a particular source from a contract action. (b) The determination and findings (D&F) and the documentation supporting the D&F shall identify the source to be excluded from the contract action. Include t…
  • 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 9.407-3 Procedures.
    …on in opposition raises a genuine dispute over facts material to the suspension and if no determination has been made, on the basis of Department of advice from the Department of Justice, a U.S. Attorney's office, State attorney general's o…
  • FAR 19.705-7 Compliance with the subcontracting plan.
    …U.S.C. 637(d)(4)(F) directs that liquidated damages shall be paid by the contractor. (b) Determination of good faith effort. (1) In determining whether a contractor failed to make a good faith effort to comply with its subcontracting plan,…
  • FAR 22.406-9 Withholding from or suspension of contract payments.
    …ed—(1) Forwarding wage underpayments to the Secretary of Labor. Upon final administrative determination, if the contractor or subcontractor has not made restitution, the contracting officer must follow the Department of Labor guidance publi…
  • FAR 32.006-4 Procedures.
    …aud, the agencies shall consider designating one agency as the lead agency for making the determination and decision. (g) The agency shall retain in its files the written justification for each— (1) Decision of the agency head whether to …
  • FAR 42.302 Contract administration functions.
    …ates and billing rates for those contractors meeting the criteria for contracting officer determination in subpart 42.7. (10) Attempt to resolve issues in controversy, using ADR procedures when appropriate (see subpart 33.2); prepare findi…

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.