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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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76 sections with “fair and reasonable rate”: the first 40

  • FAR 52.222-41 Service Contract Labor Standards.
    …id less than the currently applicable minimum wage specified under section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended. (v) The wage rate and fringe benefits finally determined under this subparagraph (c)(2) of this clause …
  • DFARS 252.215-7010 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data.
    …nt necessary to determine whether an exception should be granted and whether the price is fair and reasonable. (i) Exception for prices set by law or regulation—Identification of the law or regulation establishing the prices offered. If th…
  • FAR 15.403-4 Requiring certified cost or pricing data (10 U.S.C. chapter 271 and 41 U.S.C. chapter 35).
    … believe exceptional circumstances exist and has sufficient data available to determine a fair and reasonable price, then the contracting officer should consider requesting a waiver under the exception at 15.403-1(b)(4). The threshold for o…
  • FAR 2.101 Definitions.
    …ost data, and judgmental information necessary for the contracting officer to determine a fair and reasonable price or to determine cost realism. Such data may include the identical types of data as certified cost or pricing data, consisten…
  • FAR 8.405-3 Blanket purchase agreements (BPAs).
    …uotes from at least three schedule contractors. (C) Shall ensure all quotes received are fairly considered and award is made in accordance with the basis for selection in the RFQ. After seeking price reductions (see 8.405-4), establish the…
  • FAR 13.106-3 Award and documentation.
    …d. Before making award, the contracting officer must determine that the proposed price is fair and reasonable. (1) Whenever possible, base price reasonableness on competitive quotations or offers. (2) If only one response is received, inc…
  • FAR 15.402 Pricing policy.
    …ntracting officers shall— (a) Purchase supplies and services from responsible sources at fair and reasonable prices. In establishing the reasonableness of the offered prices, the contracting officer— (1) Shall obtain certified cost or pri…
  • 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).
    …an 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 adequate price competiti…
  • FAR 15.404-1 Proposal analysis techniques.
    …eneral. The objective of proposal analysis is to ensure that the final agreed-to price is fair and reasonable. (1) The contracting officer is responsible for evaluating the reasonableness of the offered prices. The analytical techniques an…
  • FAR 16.505 Ordering.
    …n under the Treasury Offset Program (TOP). (b) Orders under multiple-award contracts—(1) Fair opportunity. (i) The contracting officer must provide each awardee a fair opportunity to be considered for each order exceeding the micro-purchas…
  • FAR 19.202-6 Determination of fair market price.
    (a) The fair market price shall be the price achieved in accordance with the reasonable price guidelines in 15.404-1(b) for— (1) Total and partial small business set-asides, and reserves (see subpart 19.5); (2) HUBZone set-asides (see sub…
  • FAR 31.205-6 Compensation for personal services.
    …e following additional restrictions apply: (i) Valuation placed on the securities is the fair market value on the first date the number of shares awarded is known, determined upon the most objective basis available. (ii) Accruals for the …
  • FAR 47.506 Procedures.
    …rposes of determining the availability of privately owned U.S.-flag commercial vessels at fair and reasonable rates, rates filed and published in accordance with the requirements of the Federal Maritime Commission may be accepted as fair an…
  • FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.
    …Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran. Service-disabled veteran-owned small business (SDVOSB) concern eligible under…
  • FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services.
    …for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U…
  • FAR 52.222-62 Paid Sick Leave Under Executive Order 13706.
    …ge Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV), or the Fair Labor Standards Act (29 U.S.C. chapter 8); (B) Including employees who qualify for an exemption from the Fair Labor Standards Act's minimum wage…
  • FAR 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels.
    …h in paragraph (a) above, to the extent that such vessels are available at rates that are fair and reasonable for privately owned U.S.-flag commercial vessels. (c)(1) The Contractor shall submit one legible copy of a rated on-board ocean b…
  • DFARS 215.407-5-70 Disclosure, maintenance, and review requirements.
    …le, documented, and timely cost estimates that are an acceptable basis for negotiation of fair and reasonable prices; (iii) Is consistent with and integrated with the contractor's related management systems; and (iv) Is subject to applica…
  • DFARS 252.247-7023 Transportation of Supplies by Sea.
    …a subcontractor sufficiently explains that— (1) U.S.-flag vessels are not available at a fair and reasonable rate for commercial vessels of the United States; or (2) U.S.-flag vessels are otherwise not available. (e) The Contractor must …
  • FAR 15.403-5 Instructions for submission of certified cost or pricing data and data other than certified cost or pricing data.
    …at use of a specific format is essential for evaluating and determining that the price is fair and reasonable and the format has been described in the solicitation. (3) Format for submission of data supporting forward pricing rate agreemen…
  • FAR 15.408 Solicitation provisions and contract clauses.
    …er fixed-price-incentive and fixed-price-redeterminable arrangements should be net of the fair market value of such inventory. In support of subcontract costs, submit a listing of all subcontracts subject to repricing action, annotated as t…
  • FAR 32.503-6 Suspension or reduction of payments.
    …sfactory contract performance. (3) In all cases, the contracting officer shall— (i) Act fairly and reasonably; (ii) Base decisions on substantial evidence; and (iii) Document the contract file. Findings made under paragraph (c) of the P…
  • FAR 47.502 Policy.
    … for the Army, Navy, Air Force, or Marine Corps unless those vessels are not available at fair and reasonable rates. (2) The Merchant Marine Act of 1936 (46 U.S.C. 1101), which declares it is the policy of the United States to foster the d…
  • FAR 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services.
    …e General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from …
  • FAR 52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data.
    …t necessary to determine whether an exception should be granted, and whether the price is fair and reasonable. (i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rul…
  • FAR 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data—Modifications.
    …t necessary to determine whether an exception should be granted, and whether the price is fair and reasonable— (i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rul…
  • FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price).
    ….202 of the Federal Acquisition Regulation, in effect on the date of this contract, to be fair and reasonable; however, if it appears that the Contractor would have sustained a loss on the entire contract had it been completed, the Contract…
  • DFARS 215.403-1 Prohibition on obtaining certified cost or pricing data (10 U.S.C. chapter 271 and 41 U.S.C. chapter 35).
    … modification, without the granting of the waiver; (2) The price can be determined to be fair and reasonable without the submission of certified cost or pricing data; and (3) There are demonstrated benefits to granting the waiver. Follow …
  • FAR 8.404 Use of Federal Supply Schedules.
    … services, and rates for services offered at hourly rates, under schedule contracts to be fair and reasonable. Therefore, ordering activities are not required to make a separate determination of fair and reasonable pricing, except for a pri…
  • FAR 15.404-2 Data to support proposal analysis.
    …stance when the information available at the buying activity is inadequate to determine a fair and reasonable price. The contracting officer shall tailor requests to reflect the minimum essential supplementary information needed to conduct …
  • FAR 15.406-3 Documenting the negotiation.
    …rnment's negotiation objective, and the negotiated position. Where the determination of a fair and reasonable price is based on cost analysis, the summary shall address each major cost element. When determination of a fair and reasonable pr…
  • FAR 52.219-9 Small Business Subcontracting Plan.
    …recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs in accordance with 25 U.S.C. 1452(c). This definition also includes Indian-owned economic enterprises that meet the requirements of 25 U.S.C. 14…
  • DFARS 247.572 Policy.
    …47.573(a)) may waive this requirement when a U.S.-flag vessel— (1) Is not available at a fair and reasonable rate for commercial vessels of the United States; or (2) Is not otherwise available. (b) Contracts must provide for the use of v…
  • DFARS 247.573 General.
    …the authority to make determinations either that a U.S.-flag vessel is not available at a fair and reasonable rate for commercial vessels of the United States or is otherwise not available to— (1) The Commander, United States Transportatio…
  • DFARS 252.215-7008 Only One Offer.
    …ditional cost or pricing data that is required in order to determine whether the price is fair and reasonable (10 U.S.C. 3705) or to comply with the statutory requirement for certified cost or pricing data (10 U.S.C. 3702 and FAR 15.403-3);…
  • DFARS 252.225-7040 Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States.
    … DoD Directive 3002.01E, Personnel Recovery in the Department of Defense. (o) Mortuary affairs. Contractor personnel who die while in support of the U.S. Armed Forces shall be covered by the DoD mortuary affairs program as described in DoD…
  • FAR 6.303-2 Content.
    …ermination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. (8) A description of the market research conducted (see part 10) and the results or a statement of the reason market research wa…
  • FAR 19.201 General policy.
    …ls and assists small business concerns and assists contracting personnel to ensure that a fair proportion of contracts for supplies and services is placed with small business. (b) Heads of contracting activities are responsible for effecti…
  • FAR 19.805-1 General.
    …ible and responsible 8(a) participants will submit offers and that award can be made at a fair market price; and (2) The anticipated total value of the contract, including options, will exceed $8.5 million for acquisitions assigned manufac…
  • FAR 52.232-12 Advance Payments.
    …ment, and any other supporting financial statements furnished to the administering office fairly reflect the financial condition of the Contractor at the date shown or the period covered, and there has been no subsequent materially adverse …

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.