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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 “form, fit, or function data”

  • FAR 15.404-4 Profit.
    … element of the potential total remuneration that contractors may receive for contract performance over and above allowable costs. This potential remuneration element and the Government's estimate of allowable costs to be incurred in contra…
  • FAR 27.404-2 Limited rights data and restricted computer software.
    …cted computer software by withholding the data from the Government and instead delivering form, fit, and function data. (b) Alternate definition of limited rights data. For contracts that do not require the development, use, or delivery of…
  • FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services.
    …uded. (JAN 2025) (31 U.S.C. 6101 note). __(13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313). __(14) [Reserved] __(15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Sourc…
  • FAR 52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States.
    …t of specified military operations. Supporting a diplomatic or consular mission means performing outside the United States under a contract administered by Federal agency personnel who are subject to the direction of a chief of mission. (…
  • FAR 52.227-11 Patent Rights—Ownership by the Contractor.
    …reasonable terms. Subject invention means any invention of the Contractor made in the performance of work under this contract. (b) Contractor's rights (1) Ownership. The Contractor may retain ownership of each subject invention throughout…
  • FAR 52.227-14 Rights in Data—General.
    …. As used in this clause— Computer database or database means a collection of recorded information in a form capable of, and for the purpose of, being stored in, processed, and operated on by a computer. The term does not include computer …
  • FAR 52.227-20 Rights in Data—SBIR Program.
    …. As used in this clause— Computer database or database means a collection of recorded information in a form capable of, and for the purpose of, being stored in, processed, and operated on by a computer. The term does not include computer …
  • FAR 52.227-21 Technical Data Declaration, Revision, and Withholding of Payment—Major Systems.
    … that are subject to this clause to reflect engineering design changes made during the performance of this contract and affecting the form, fit, and function of any item (other than technical data) delivered under this contract. The Contrac…
  • DFARS 227.7103-2 Acquisition of technical data.
    …; and whether procurement of the items, components, or processes can be accomplished on a form, fit, or function basis. When it is anticipated that the Government will obtain unlimited or government purpose rights in technical data that wil…
  • DFARS 252.225-7040 Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States.
    …try national employees not normally residing within the operational area whose area of performance is in the direct vicinity of U.S. Armed Forces and who routinely are collocated with the U.S. Armed Forces (especially in non-permissive envi…
  • DFARS 252.227-7013 Rights in Technical Data—Other Than Commercial Products and Commercial Services.
    …ons. As used in this clause— Computer data base means a collection of data recorded in a form capable of being processed by a computer. The term does not include computer software. Computer program means a set of instructions, rules, or r…
  • DFARS 252.227-7015 Technical Data—Commercial Products and Commercial Services.
    …program or effort; and (2) Receives access to technical data or computer software for performance of a Government contract that contains the clause at 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information M…
  • 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.
    …equirements of this contract. Computer database means a collection of recorded data in a form capable of being processed by a computer. The term does not include computer software. Computer program means a set of instructions, rules, or r…
  • DFARS 252.245-7005 Management and Reporting of Government Property.
    …spect to the serviceability and/or suitability of the Government property for contract performance and that the Government will not pay for any repairs, replacement, and/or refurbishment of the property. Commercial and Government Entity (C…
  • FAR 2.101 Definitions.
    …olicitation and selection of sources, award of contracts, contract financing, contract performance, contract administration, and those technical and management functions directly related to the process of fulfilling agency needs by contract…
  • FAR 5.207 Preparation and transmittal of synopses.
    …(14) Contract Award Date. (15) Contractor. (16) Description. (17) Place of Contract Performance. (18) Set-aside Status. (b) Transmittal. Transmissions to the GPE must be in accordance with the interface description available via the In…
  • FAR 7.105 Contents of written acquisition plans.
    …on plans for service contracts or orders must describe the strategies for implementing performance-based acquisition methods or must provide rationale for not using those methods (see subpart 37.6). (a) Acquisition background and objective…
  • FAR 15.408 Solicitation provisions and contract clauses.
    …. The contracting officer shall— (1) Use the provision with its Alternate I to specify a format for certified cost or pricing data other than the format required by Table 15-2 of this section; (2) Use the provision with its Alternate II i…
  • FAR 19.705-7 Compliance with the subcontracting plan.
    …ting officer must look to the totality of the contractor's actions, consistent with the information and assurances provided in its plan. The fact that the contractor failed to meet its subcontracting goals does not, in and of itself, consti…
  • FAR 27.401 Definitions.
    As used in this subpart— Data means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data and computer software. The term does not include information incidental to contract adm…
  • FAR 27.404-1 Unlimited rights data.
    … except for copyrighted works as provided in 27.404-3: (a) Data first produced in the performance of a contract (except to the extent the data constitute minor modifications to data that are limited rights data or restricted computer softw…
  • FAR 31.001 Definitions.
    …each cost accounting period and are valued as they accrue; i.e., based on the services performed by each employee in the period involved. The measure of normal cost under this method for each cost accounting period is the present value of t…
  • FAR 31.205-18 Independent research and development and bid and proposal costs.
    … the costs of effort sponsored by a grant or cooperative agreement, or required in the performance of a contract. Company means all divisions, subsidiaries, and affiliates of the contractor under common control. Development means the syst…
  • FAR 52.215-23 Limitations on Pass-Through Charges.
    …2020) (a) Definitions. As used in this clause— Added value means that the Contractor performs subcontract management functions that the Contracting Officer determines are a benefit to the Government (e.g., processing orders of parts or se…
  • FAR 52.219-9 Small Business Subcontracting Plan.
    …rnment prime Contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract. Total contract dollars means the final anticipated dollar value, including the dollar value of all options. …
  • FAR 52.245-1 Government Property.
    …perty means property acquired, fabricated, or otherwise provided by the Contractor for performing a contract, and to which the Government has title. Contractor inventory means— (1) Any property acquired by and in the possession of a Contr…
  • FAR 52.248-1 Value Engineering.
    …ransferred to, such as another branch of the agency or another agency's office that is performing a joint acquisition action. Contractor's development and implementation costs, as used in this clause, means those costs the Contractor incur…
  • FAR 52.248-3 Value Engineering—Construction.
    …t savings, as used in this clause, means the estimated reduction in Contractor cost of performance resulting from acceptance of the VECP, minus allowable Contractor's development and implementation costs, including subcontractors' developme…
  • DFARS 202.101 Definitions.
    …e original component manufacturer based on the original component manufacturer's designs, formulas, and/or specifications. Compromise means disclosure of information to unauthorized persons, or a violation of the security policy of a syste…
  • DFARS 227.7102-1 Policy.
    … product, commercial service, or commercial process, except technical data that— (1) Are form, fit, or function data; (2) Are required for repair or maintenance of commercial products or commercial processes, or for the proper installatio…
  • DFARS 227.7103-5 Government rights.
    …h Government funds; (2) Studies, analyses, test data, or similar data produced in the performance of a contract when the study, analysis, test, or similar work was specified as an element of performance; (3) Created exclusively with Gover…
  • DFARS 252.211-7003 Item Unique Identification and Valuation.
    …ity for the enterprise identifier. Item means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts. Lot or batch number means an identifying number assigned by the enterprise t…
  • DFARS 252.219-7004 Small Business Subcontracting Plan (Test Program).
    …ply with a comprehensive subcontracting plan means a willful or intentional failure to perform in accordance with the requirements of the Contractor's approved comprehensive subcontracting plan or willful or intentional action to frustrate …
  • FAR 52.227-15 Representation of Limited Rights Data and Restricted Computer Software.
    …ery data that qualify as limited rights data or restricted computer software, and deliver form, fit, and function data instead. The latter clause also may be used with its Alternates II and/or III to obtain delivery of limited rights data o…
  • FAR 27.406-1 General.
    …rements may be subject to revision during contract negotiations. Since the preparation, reformatting, maintenance and updating, cataloging, and storage of data represents an expense to both the Government and the contractor, efforts should …
  • FAR 42.705-1 Contracting officer determination procedure.
    …it in support of negotiating final indirect cost rates (e.g., during the course of the performance of the advisory audit). See the clause at 52.216-7(d)(2) for the description of an adequate final indirect cost rate proposal and supporting …

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.