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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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37 sections with “fair opportunity”

  • 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 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 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 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 …
  • DFARS 216.505 Ordering.
    …4 to the extent permitted by the contract. (b) Orders under multiple-award contracts—(1) Fair opportunity. (A) See 215.101-2-70 for the limitations and prohibitions on the use of the lowest price technically acceptable source selection pr…
  • FAR 5.301 General.
    …e) in accordance with 8.405-6; or (ii) Task or delivery orders awarded without providing fair opportunity in accordance with 16.505(b)(2). (3) A notice is not required under this section if the notice would disclose the executive agency's…
  • FAR 8.602 Policy.
    …edures in subpart 19.5, or competition conducted in accordance with part 13); or (B) The fair opportunity procedures in 16.505, if placing an order under a multiple award delivery-order contract; (ii) Include FPI in the solicitation proce…
  • FAR 16.504 Indefinite-quantity contracts.
    … more than a nominal quantity, but it should not exceed the amount that the Government is fairly certain to order. (3) The contract may also specify maximum or minimum quantities that the Government may order under each task or delivery or…
  • 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 3.705 Procedures.
    …ess shall be as informal as is practicable, consistent with the principles of fundamental fairness. As a minimum, however, agencies shall provide the following: (1) A notice of the proposed action to declare void and rescind the contract s…
  • FAR 5.406 Public disclosure of justification documents for certain contract actions.
    …rders greater than the simplified acquisition threshold and awarded without providing for fair opportunity must be posted in accordance with 16.505(b)(2)(ii)(D).
  • FAR 12.207 Contract type.
    …the Government's expressed requirement from two or more responsible offerors; or (C) The fair opportunity procedures in 16.505 (including discretionary small business set-asides under 16.505(b)(2)(i)(F)), if placing an order under a multip…
  • FAR 15.405 Price negotiation.
    …at permits the contracting officer and the offeror an opportunity to reach agreement on a fair and reasonable price. A fair and reasonable price does not require that agreement be reached on every element of cost, nor is it mandatory that t…
  • FAR 52.216-32 Task-Order and Delivery-Order Ombudsman.
    …rder and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract. [Contracting Officer to insert name, addre…
  • 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 208.602-70 Acquisition of items for which FPI has a significant market share.
    …n FAR Subpart 19.5, or competition conducted in accordance with FAR Part 13); or (B) The fair opportunity procedures in FAR 16.505, if placing an order under a multiple award delivery-order contract; and (ii) Include FPI in the solicitati…
  • 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 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 52.226-1 Utilization of Indian Organizations and Indian-Owned Economic Enterprises.
    …recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs (BIA) in accordance with 25 U.S.C. 1452(c) and any “Native” as defined in the Alaska Native Claims Settlement Act (43 U.S.C. 1601). Indian orga…
  • DFARS 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.
    …recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs (BIA) in accordance with 25 U.S.C. 1452(c); and (2) Any “Native” as defined in the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)…
  • FAR 3.204 Treatment of violations.
    …rocedures should be as informal as practicable, consistent with principles of fundamental fairness. (c) When the agency head or designee determines that a violation has occurred, the Government may— (1) Terminate the contractor's right to…
  • FAR 4.803 Contents of contract files.
    …icies. (17) Data and information related to the contracting officer's determination of a fair and reasonable price. This may include— (i) Certified cost or pricing data; (ii) Data other than certified cost or pricing data; (iii) Justifi…
  • FAR 5.205 Special situations.
    … officers may transmit to the GPE special notices of procurement matters such as business fairs, long-range procurement estimates, prebid or preproposal conferences, meetings, and the availability of draft solicitations or draft specificati…
  • FAR 8.405-1 Ordering procedures for supplies, and services not requiring a statement of work.
    … (4) The ordering activity contracting officer shall ensure that all quotes received are fairly considered and award is made in accordance with the basis for selection in the RFQ. (e) When an order contains brand-name specifications, the …
  • FAR 8.405-2 Ordering procedures for services requiring a statement of work.
    …tain quotes from at least three schedule contractors. (C) Ensure all quotes received are fairly considered and award is made in accordance with the evaluation criteria in the RFQ. (4) The ordering activity shall provide the RFQ (including…
  • FAR 9.406-2 Causes for debarment.
    …Section 202 of the Defense Production Act (Public Law 102-558)). (iv) Commission of an unfair trade practice as defined in 9.403 (see Section 201 of the Defense Production Act (Public Law 102-558)). (v) Delinquent Federal taxes in an amou…
  • FAR 9.406-3 Procedures.
    …process that are as informal as is practicable, consistent with principles of fundamental fairness. These procedures shall afford the contractor (and any specifically named affiliates) an opportunity to submit, in person, in writing, or thr…
  • FAR 9.407-3 Procedures.
    …process that are as informal as is practicable, consistent with principles of fundamental fairness. These procedures shall afford the contractor (and any specifically named affiliates) an opportunity, following the imposition of suspension,…
  • FAR 15.404-4 Profit.
    …re on the price negotiation memorandum or other documentation supporting determination of fair and reasonable price documents the contracting officer's determination that the statutory price or fee limitations have not been exceeded. (5) T…
  • FAR 17.804 Procedures.
    …tion of only one offeror; or (2) Accept the offer, only if the price is determined to be fair and reasonable (see 13.106-3(a)(2) and 15.404-1).
  • FAR 19.705-2 Determining the need for a subcontracting plan.
    …rmance (with consideration given to the time remaining until contract completion), and at fair market value, when a determination is made in accordance with paragraph (a)(2). (c) If it is determined that there are no subcontracting possibi…
  • FAR 35.007 Solicitations.
    …regarded in arriving at a selection that best satisfies the Government's requirement at a fair and reasonable cost. (g) The contracting officer should ensure that potential offerors fully understand the details of the work, especially the …
  • FAR 52.219-8 Utilization of Small Business Concerns.
    …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 52.232-16 Progress Payments.
    …ent of the costs of performing this contract in the ordinary course of business. (5) The fair value of the undelivered work is less than the amount of unliquidated progress payments for that work. (6) The Contractor is realizing less prof…
  • FAR 52.245-1 Government Property.
    …sired or make reasonable efforts to return unused property to the appropriate supplier at fair market value (less, if applicable, a reasonable restocking fee that is consistent with the supplier's customary practices.) (2) Inventory dispos…
  • DFARS 236.274 Restriction on acquisition of steel for use in military construction projects.
    In accordance with section 108 of the Military Construction and Veterans Affairs Appropriations Act, 2009 ( Pub. L. 110-329, Division E) and the same provision in subsequent military construction appropriations acts), do not acquire, or all…

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.