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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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59 sections with “existing data”: the first 40

  • FAR 27.405-4 Other existing data.
    (a) Except for existing works pursuant to 27.405-2 or commercial computer software pursuant to 27.405-3, no clause contained in this subpart is required to be included in— (1) Contracts solely for the acquisition of books, periodicals, and…
  • DFARS 227.7105-2 Acquisition of existing works without modification.
    (a) Use the clause at 252.227-7021, Rights in Data—Existing Works, in lieu of the clause at 252.227-7013, Rights in Technical Data—Other Than Commercial Products and Commercial Services, in solicitations and contracts exclusively for existi…
  • FAR 27.409 Solicitation provisions and contract clauses
    …l works, as appropriate (see paragraph (e) of this section); (ii) For the acquisition of existing data, commercial computer software, or other existing data, as described in 27.405-2 through 27.405-4 (see paragraphs (f) and (g) of this sec…
  • FAR 52.227-18 Rights in Data—Existing Works.
    As prescribed in 27.409(f), insert the following clause: Rights in Data—Existing Works (DEC 2007) (a) Except as otherwise provided in this contract, the Contractor grants to the Government, and others acting on its behalf, a paid-up nonex…
  • DFARS 252.227-7013 Rights in Technical Data—Other Than Commercial Products and Commercial Services.
    …ent has previously obtained rights shall be delivered, furnished, or provided with the preexisting rights, unless— (i) The parties have agreed otherwise; or (ii) Any restrictions on the Government's rights to use, modify, reproduce, relea…
  • DFARS 252.227-7018 Rights in Other Than Commercial Technical Data and Computer Software—Small Business Innovation Research Program and Small Business Technology Transfer Program.
    …ent has previously obtained rights shall be delivered, furnished, or provided with the preexisting rights, unless— (i) The parties have agreed otherwise; or (ii) Any restrictions on the Government's rights to use, modify, release, perform…
  • DFARS 252.227-7021 Rights in data—existing works.
    As prescribed at 227.7105-2(a), use the following clause: Rights in Data—Existing Works (MAR 1979) (a) The term works as used herein includes literary, musical, and dramatic works; pantomimes and choreographic works; pictorial, graphic an…
  • FAR 27.405-2 Existing works.
    The clause at 52.227-18, Rights in Data—Existing Works, is for use in contracts exclusively for the acquisition (without modification) of existing works such as, motion pictures, television recordings, and other audiovisual works; sound rec…
  • FAR 15.404-2 Data to support proposal analysis.
    …ying customarily granted or offered discounts for the item; (D) Verifying the item to an existing catalog or price list; (E) Verifying historical data for a product or service previously not determined commercial that the offeror is now t…
  • FAR 52.232-12 Advance Payments.
    …h the authority under which the Contractor is doing business or with the provision of any existing indenture or agreement of the Contractor. (5) The Contractor has the power to enter into this contract and accept advance payments, and has …
  • DFARS 204.7106 Contract modifications.
    …ith the procedures established at 204.7103, 204.7104, and 204.7105. (b) Modifications to existing contract line items or exhibit line items. (1) If the modification relates to existing contract line items or exhibit line items, the modific…
  • DFARS 227.7105-3 Acquisition of modified existing works.
    …use at 252.227-7020, Rights in Special Works, in solicitations and contracts for modified existing works in lieu of the clause at 252.227-7021, Rights in Data—Existing Works.
  • FAR 5.601 Governmentwide database of contracts.
    …ry.gov/contractdirectory/.This searchable database is a tool that may be used to identify existing contracts and other procurement instruments that may be used to fulfill Government needs. (b) The contracting activity shall— (1) Enter the…
  • FAR 15.403-4 Requiring certified cost or pricing data (10 U.S.C. chapter 271 and 41 U.S.C. chapter 35).
    … any of the following actions expected to exceed the current threshold or, in the case of existing contracts, the threshold specified in the contract: (i) The award of any negotiated contract (except for undefinitized actions such as lette…
  • DFARS 215.407-1 Defective certified cost or pricing data.
    … contractor's cost impact calculation for the affected contract. (C) Potential impact on existing contracts, task or deliver orders, or other proposals the contractor has submitted to the Government. (ii) Voluntary disclosure of defective…
  • DFARS 227.7103-10 Contractor identification and marking of technical data to be furnished with restrictive markings.
    …ical data in which the Government has previously obtained rights with the Government's preexisting rights in that data unless the parties have agreed otherwise or restrictions on the Government's rights to use, modify, reproduce, release, p…
  • FAR 31.205-18 Independent research and development and bid and proposal costs.
    …nt, test, or evaluation of a potential new product or service (or of an improvement in an existing product or service) for the purpose of meeting specific performance requirements or objectives. Development includes the functions of design …
  • FAR 31.205-35 Relocation costs.
    … the permanent change of assigned work location (for a period of 12 months or more) of an existing employee or upon recruitment of a new employee. The following types of relocation costs are allowable as noted, subject to the limitations in…
  • FAR 52.219-9 Small Business Subcontracting Plan.
    …ription of the method used to identify potential sources for solicitation purposes (e.g., existing company source lists, SAM, veterans service organizations, the National Minority Purchasing Council Vendor Information Service, the Research …
  • FAR 52.248-1 Value Engineering.
    …n. The VECP shall include the following: (1) A description of the difference between the existing contract requirement and the proposed requirement, the comparative advantages and disadvantages of each, a justification when an item's funct…
  • FAR 52.248-3 Value Engineering—Construction.
    …n. The VECP shall include the following: (1) A description of the difference between the existing contract requirement and that proposed, the comparative advantages and disadvantages of each, a justification when an item's function or char…
  • FAR 30.605 Processing noncompliances.
    …mutually agreeable date to— (A) Agree or submit reasons why the contractor considers the existing practices to be in compliance; and (B) Submit rationale to support any written statement that the cost impact of the noncompliance is immate…
  • FAR 39.203 Applicability.
    …ss the agency's needs, but see 39.205(a)(3). (e) Legacy ICT. Any component or portion of existing ICT (i.e., ICT that was procured, maintained, or used on or before January 18, 2018) is not required to comply with the current ICT accessibi…
  • FAR 41.301 Requirements.
    …e sent not later than 120 days prior to the date new services are required to commence an existing contract will expire. Requests for assistance shall contain the following information: (1) A technical description or specification of the t…
  • FAR 52.230-1 Cost Accounting Standards Notices and Certification.
    …contract of $50 million or more. III. Additional Cost Accounting Standards Applicable to Existing Contracts The offeror shall indicate below whether award of the contemplated contract would, in accordance with subparagraph (a)(3) of the C…
  • DFARS 227.7103-9 Copyright.
    …ch outweigh the lack of a copyright license. (b) Copyright considerations—acquisition of existing and special works. See 227.7105 or 227.7106 for copyright considerations when acquiring existing or special works that are not SBIR/STTR data…
  • DFARS 227.7105-1 General.
    (a) Existing works include motion pictures, television recordings, video recordings, and other audiovisual works in any medium; sound recordings in any medium; musical, dramatic, and literary works; pantomimes and choreographic works; picto…
  • DFARS 252.227-7014 Rights in Other Than Commercial Computer Software and Other Than Commercial Computer Software Documentation.
    …ent has previously obtained rights shall be delivered, furnished, or provided with the preexisting rights, unless— (i) The parties have agreed otherwise; or (ii) Any restrictions on the Government's rights to use, modify, reproduce, relea…
  • DFARS 252.234-7002 Earned Value Management System.
    …oposed or completed corrective action; (iii) System noncompliance, when the Contractor's existing EVMS fails to comply with the earned value management system guidelines in the ANSI/EIA-748; and (iv) System disapproval, if initial EVMS va…
  • FAR 4.402 General.
    …em (NCCS), which is accessible https://www.dcsa.mil/is/nccs/. Nondefense agencies with an existing DD Form 254 information system may use that system. (2)(i) A contractor, or subcontractor (if applicable), requiring access to classified in…
  • FAR 7.105 Contents of written acquisition plans.
    …t conditions affecting the acquisition, such as— (i) Requirements for compatibility with existing or future systems or programs; and (ii) Any known cost, schedule, and capability or performance constraints. (3) Cost. Set forth the establ…
  • FAR 15.407-2 Make-or-buy programs.
    …proposed to make each item or perform each work effort, and a statement as to whether the existing or proposed new facility is in or near a labor surplus area. (vi) Identification of proposed subcontractors, if known, and their location an…
  • FAR 19.705-6 Postaward responsibilities of the contracting officer.
    …ter a contract or contract modification containing a subcontracting plan is awarded or an existing subcontracting plan is amended, the contracting officer shall do the following: (a) Notify the SBA of the award by sending a copy of the awa…
  • FAR 22.1003-4 Administrative limitations, variations, tolerances, and exemptions.
    …officer (or contractor with respect to a subcontract) shall consider the practices of the existing contractor in making a determination regarding the conditions in paragraphs (d)(2)(ii) through (v) of this subsection. (vii)(A) The apparent…
  • FAR 31.205-6 Compensation for personal services.
    …presumption of allowability will exist where the contractor introduces major revisions of existing compensation plans or new plans and the contractor has not provided the cognizant ACO, either before implementation or within a reasonable pe…
  • FAR 32.304-2 Certificate of eligibility.
    …red, however, to initiate any special investigation for this purpose. (k) With regard to existing contracts, the agency shall not consider the percentage of guarantee requested by the financing institution in determining the contractor's e…
  • FAR 32.503-6 Suspension or reduction of payments.
    …ions, based on the contractor's financial condition, projected cash requirements, and the existing or available credit arrangements; and (iii) Considering the general equities of the particular situation. (2) The contracting officer shall…
  • FAR 35.017 Federally Funded Research and Development Centers.
    …some special long-term research or development need which cannot be met as effectively by existing in-house or contractor resources. FFRDC's enable agencies to use private sector resources to accomplish tasks that are integral to the missio…
  • FAR 42.302 Contract administration functions.
    …perty— (i) Evaluate the contractor's requests for Government property and for changes to existing Government property and provide appropriate recommendations to the contracting officer; (ii) Ensure required screening of Government propert…
  • FAR 50.103-4 Facts and evidence.
    …following information: (1) A statement and evidence of the precise error made, ambiguity existing, or misunderstanding arising, showing what it consists of, how it occurred, and the intention of the parties. (2) A statement explaining whe…

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.