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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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36 sections with “discussions”

  • FAR 15.306 Exchanges with offerors after receipt of proposals.
    (a) Clarifications and award without discussions. (1) Clarifications are limited exchanges, between the Government and offerors, that may occur when award without discussions is contemplated. (2) If award will be made without conducting di…
  • FAR 22.1003-4 Administrative limitations, variations, tolerances, and exemptions.
    …btained from substantially all other offerors that are— (1) In the competitive range, if discussions are to be conducted (see FAR 15.306)(c)); or (2) Considered responsive, if award is to be made without discussions (see FAR 15.306(a)). …
  • FAR 52.215-1 Instructions to Offerors—Competitive Acquisition.
    …Offerors—Competitive Acquisition (NOV 2021) (a) Definitions. As used in this provision— Discussions are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the …
  • FAR 6.401 Sealed bidding and competitive proposals.
    …n the basis of price and other price-related factors; (3) It is not necessary to conduct discussions with the responding offerors about their bids; and (4) There is reasonable expectation of receiving more than one sealed bid. (b) Compet…
  • FAR 14.503-1 Step one.
    … upon technical proposals determined to be acceptable, either initially or as a result of discussions, will be considered for awards and (ii) each bid in the second step must be based on the bidder's own technical proposals. (8) A statemen…
  • FAR 3.803 Exceptions.
    … by an agency or Congress is permitted at any time. (ii) Participating with an agency in discussions that are not related to a specific solicitation for any covered Federal action, but that concern— (A) The qualities and characteristics (…
  • FAR 15.102 Oral presentations.
    …the offeror's representatives as part of the oral presentations, including whether or not discussions (see 15.306(d)) will be permitted during oral presentations. (e) The contracting officer shall maintain a record of oral presentations to…
  • FAR 15.209 Solicitation provisions and contract clauses.
    …in all competitive solicitations where the Government intends to award a contract without discussions. (1) If the Government intends to make award after discussions with offerors within the competitive range, the contracting officer shall …
  • FAR 27.302 Policy.
    …decisions concerning the licensing of a specific subject invention. These investigations, discussions, and negotiations involving the Secretary of Commerce will be in coordination with other interested agencies, including the Small Business…
  • FAR 27.404-2 Limited rights data and restricted computer software.
    …ed for Alternate II of the clause at 52.227-14 should be addressed during negotiations or discussions, and if Alternate II was not included initially it may be added by modification, if needed, during contract performance. (3) If data that…
  • FAR 36.602-3 Evaluation board functions.
    …e 36.603). (b) Evaluate the firms in accordance with the criteria in 36.602-1. (c) Hold discussions with at least three of the most highly qualified firms regarding concepts and the relative utility of alternative methods of furnishing th…
  • FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions.
    … by an agency or Congress is permitted at any time. (ii) Participating with an agency in discussions that are not related to a specific solicitation for any covered Federal action, but that concern— (A) The qualities and characteristics (…
  • FAR 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services.
    …itation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. Howev…
  • DFARS 252.204-7020 NIST SP 800-171 DoD Assessment Requirements.
    …ts have been implemented as described in the contractor's system security plan; and (iv) Discussions with the contractor to obtain additional information or clarification, as needed; and (2) Results in a confidence level of “High” in the …
  • FAR 3.104-3 Statutory and related prohibitions, restrictions, and requirements.
    …— (A) The person is no longer an offeror in that Federal agency procurement; or (B) All discussions with the offeror regarding possible non-Federal employment have terminated without an agreement or arrangement for employment. (2) A cont…
  • FAR 3.104-8 Criminal and civil penalties, and further administrative remedies.
    …nalties set forth in 41 U.S.C. 2105. (c) An official who refuses to terminate employment discussions (see 3.104-5) may be subject to agency administrative actions under 5 CFR 2635.604(d) if the official's disqualification from participatio…
  • FAR 7.302 Policy.
    … public-private competitions under OMB Circular A-76, contracting officers shall not hold discussions to correct deficiencies.
  • FAR 9.405 Effect of listing.
    …ntractor shall not be evaluated for award or included in the competitive range, nor shall discussions be conducted with a listed offeror during a period of ineligibility, unless the agency head determines, in writing, that there is a compel…
  • FAR 13.106-2 Evaluation of quotations or offers.
    …densome fashion. Formal evaluation plans and establishing a competitive range, conducting discussions, and scoring quotations or offers are not required. Contracting offices may conduct comparative evaluations of offers. Evaluation of other…
  • FAR 14.101 Elements of sealed bidding.
    … for the public opening of bids. (d) Evaluation of bids. Bids shall be evaluated without discussions. (e) Contract award. After bids are publicly opened, an award will be made with reasonable promptness to that responsible bidder whose bi…
  • FAR 14.201-5 Part IV—Representations and instructions.
    … and place for bid openings, and shall advise bidders that bids will be evaluated without discussions (see 52.214-10 and, for construction contracts, 52.214-19). (c) Section M, Evaluation factors for award. Identify the price-related facto…
  • FAR 14.211 Release of acquisition information.
    …election information including access to and disclosure thereof. (b) After solicitation. Discussions with prospective bidders regarding a solicitation shall be conducted and technical or other information shall be transmitted only by the c…
  • FAR 15.307 Proposal revisions.
    … to clarify and document understandings reached during negotiations. At the conclusion of discussions, each offeror still in the competitive range shall be given an opportunity to submit a final proposal revision. The contracting officer is…
  • FAR 17.106-1 General.
    … the ceiling by amending the solicitation before bid opening. In two-step sealed bidding, discussions conducted during the first step may indicate the need for revised ceilings and dates which may be incorporated in step two. In a negotiate…
  • FAR 28.101-4 Noncompliance with bid guarantee requirements.
    …submitted by offerors determined to be in the competitive range shall be addressed during discussions and the offeror shall be given an opportunity to correct the deficiency. (c) Noncompliance with a solicitation requirement for a bid guar…
  • FAR 31.109 Advance agreements.
    …te the office or agency and the responsible audit agency to participate in prenegotiation discussions and/or in the subsequent negotiations. (g) Upon completion of the negotiation, the sponsor shall prepare and distribute to other interest…
  • FAR 33.103 Protests to the agency.
    …rns raised by an interested party at the contracting officer level through open and frank discussions. (c) The agency should provide for inexpensive, informal, procedurally simple, and expeditious resolution of protests. Where appropriate,…
  • FAR 42.502 Selecting contracts for postaward orientation.
    …der, as a minimum, the— (a) Nature and extent of the preaward survey and any other prior discussions with the contractor; (b) Type, value, and complexity of the contract; (c) Complexity and acquisition history of the product or service; …
  • FAR 42.801 Notice of intent to disallow costs.
    …he contract shall make every reasonable effort to reach a satisfactory settlement through discussions with the contractor. (b) A notice of intent to disallow such costs usually results from monitoring contractor costs. The purpose of the n…
  • FAR 50.205-1 SAFETY Act Considerations.
    …acquisitions involving such technologies, the requiring activity should ascertain through discussions with DHS whether a block designation or block certification exists for the technology being acquired. (1) If one does exist, the requirin…
  • FAR 52.214-10 Contract Award—Sealed Bidding.
    …JUL 1990) (a) The Government will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government…
  • FAR 52.214-19 Contract Award—Sealed Bidding—Construction.
    …AUG 1996) (a) The Government will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government…
  • FAR 52.214-26 Audit and Records—Sealed Bidding.
    …omputations and projections, related to— (1) The proposal for the modification; (2) The discussions conducted on the proposal(s), including those related to negotiating; (3) Pricing of the modification; or (4) Performance of the modific…
  • FAR 52.215-2 Audit and Records—Negotiation.
    …s, related to— (1) The proposal for the contract, subcontract, or modification; (2) The discussions conducted on the proposal(s), including those related to negotiating; (3) Pricing of the contract, subcontract, or modification; or (4) …
  • DFARS 215.306 Exchanges with offerors after receipt of proposals.
    …ions with an estimated value of $100 million or more, contracting officers should conduct discussions. Follow the procedures at FAR 15.306(c) and (d).
  • DFARS 225.7304 FMS customer involvement.
    …stomers should be encouraged to participate with U.S. Government acquisition personnel in discussions with industry to— (1) Develop technical specifications; (2) Establish delivery schedules; (3) Identify any special warranty provisions …

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.