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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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16 sections with “determination by the TCO”

  • FAR 49.109-7 Settlement by determination.
    …not submitted within the period required by the termination clause, the TCO shall issue a determination of the amount due consistent with the termination clause, including any cost principles incorporated by reference. The TCO shall comply …
  • 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 49.112-2 Final payment.
    …voice and forward the documents to the disbursing officer for payment. (b) Settlement by determination. If the settlement is by determination and— (1) There is no appeal within the allowed time, the contractor shall submit a voucher or in…
  • FAR 49.103 Methods of settlement.
    …ice contracts terminated for convenience may be effected by (a) negotiated agreement, (b) determination by the TCO, (c) costing-out under vouchers using SF 1034, Public Voucher for Purchases and Services Other Than Personal, for cost-reimbu…
  • DFARS 252.216-7004 Award Fee Reduction or Denial for Jeopardizing the Health or Safety of Government Personnel.
    …ts subcontractors at any tier not subject to the jurisdiction of the U.S. courts, a final determination by the Secretary of Defense of Contractor or subcontractor fault (see DFARS 216.405-2-70. Serious bodily injury means a grievous physic…
  • 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…
  • FAR 52.246-2 Inspection of Supplies—Fixed-Price.
    …act. Alternate II (JUL 1985). If a fixed-ceiling-price contract with retroactive price redetermination is contemplated, substitute paragraphs (g), (h), and (l) below for paragraphs (g), (h), and (l) of the basic clause: (g) The Contractor…
  • FAR 7.103 Agency-head responsibilities.
    …t these standards are included in requirements planning (see subpart 39.2). (r) Making a determination, prior to issuance of a solicitation for advisory and assistance services involving the analysis and evaluation of proposals submitted i…
  • FAR 16.104 Factors in selecting contract types.
    … extending over a relatively long period may require economic price adjustment or price redetermination clauses. (h) Contractor's technical capability and financial responsibility. (i) Adequacy of the contractor's accounting system. Befor…
  • FAR 49.105 Duties of termination contracting officer after issuance of notice of termination.
    … a settlement agreement; and (4) Promptly settle the contractor's settlement proposal by determination for the elements that cannot be agreed on, if unable to negotiate a complete settlement. (b) To expedite settlement, the TCO may reques…
  • FAR 49.107 Audit of prime contract settlement proposals and subcontract settlements.
    …isory only, and is for the TCO to use in negotiating a settlement or issuing a unilateral determination. Government personnel handling audit reports must be careful not to reveal privileged information or information that will jeopardize th…
  • FAR 49.203 Adjustment for loss.
    (a) In the negotiation or determination of any settlement, the TCO shall not allow profit if it appears that the contractor would have incurred a loss had the entire contract been completed. The TCO shall negotiate or determine the amount o…
  • FAR 49.305-1 General.
    …etermine the adjusted fee to be paid, if any, in the manner provided by the contract. The determination is generally based on a percentage of completion of the contract or of the terminated portion. When this basis is used, factors such as …
  • FAR 52.209-7 Information Regarding Responsibility Matters.
    …proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedin…
  • DFARS 216.405-2 Cost-plus-award-fee contracts.
    …nt if the contracting officer determines that a lower percentage is appropriate, and this determination is approved by the head of the contracting activity (HCA). The HCA may not delegate this approval authority. (2) Award-fee evaluation 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.