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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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24 sections with “in the open market”

  • FAR 8.004 Use of other sources.
    …nable to satisfy requirements for supplies and services from the mandatory sources listed in 8.002 and 8.003, agencies are encouraged to consider satisfying requirements from or through the non-mandatory sources listed in paragraph (a) of t…
  • FAR 2.101 Definitions.
    A word or a term, defined in this section, has the same meaning throughout this chapter (the Federal Acquisition Regulation (FAR)) unless the context in which the word or term is used clearly requires a different meaning or another FAR part…
  • FAR 16.505 Ordering.
    (a) General. (1) In general, the contracting officer does not synopsize orders under indefinite-delivery contracts; except see 16.505(a)(4) and (11), and 16.505(b)(2)(ii)(D). (2) Individual orders shall clearly describe all services to be …
  • FAR 19.203 Relationship among small business programs.
    … (subpart 19.8), HUBZone Program (subpart 19.13), Service-Disabled Veteran-Owned Small Business (SDVOSB) Program (subpart 19.14), or the Women-Owned Small Business (WOSB) Program (subpart 19.15). (b) At or below the simplified acquisition …
  • DFARS 252.216-7000 Economic Price Adjustment—Basic Steel, Aluminum, Brass, Bronze, or Copper Mill Products.
    As prescribed in 216.203-4-70(a)(1), use the following clause: Economic Price Adjustment—Basic Steel, Aluminum, Brass, Bronze, or Copper Mill Products (JAN 2023) (a) Definitions. As used in this clause— Established price means a price wh…
  • FAR 22.202 Contract clause.
    Insert the clause at 52.222-3, Convict Labor, in solicitations and contracts above the micro-purchase threshold, when the contract will be performed in the United States, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or t…
  • FAR 22.604-1 Statutory exemptions.
    Contracts for acquisition of the following supplies are exempt from the statute: (a) Any item in those situations where the contracting officer is authorized by the express language of a statute to purchase “in the open market” generally (…
  • FAR 1.102-2 Performance standards.
    (a) Satisfy the customer in terms of cost, quality, and timeliness of the delivered product or service. (1) The principal customers for the product or service provided by the System are the users and line managers, acting on behalf of the A…
  • FAR 6.303-2 Content.
    (a) Each justification shall contain sufficient facts and rationale to justify the use of the specific authority cited. (b) As a minimum, each justification, except those for sole-source 8(a) contracts over $30 million (see paragraph (d) o…
  • FAR 7.102 Policy.
    (a) Agencies shall perform acquisition planning and conduct market research (see part 10) for all acquisitions in order to promote and provide for— (1) Acquisition of commercial products or commercial services, or to the extent that commer…
  • FAR 7.105 Contents of written acquisition plans.
    In order to facilitate attainment of the acquisition objectives, the plan must identify those milestones at which decisions should be made (see paragraph (b)(21) of this section). The plan must address all the technical, business, managemen…
  • FAR 8.402 General.
    …anaged by GSA and provides Federal agencies (see 8.004) with a simplified process for obtaining commercial supplies and commercial services at prices associated with volume buying. Indefinite delivery contracts are awarded to provide suppli…
  • FAR 8.404 Use of Federal Supply Schedules.
    …irements at 19.102(b)(3) and 19.202-1(e)(1)(iii))do not apply to BPAs or orders placed against Federal Supply Schedules contracts (but see 8.405-5). BPAs and orders placed against a MAS, using the procedures in this subpart, are considered …
  • FAR 11.002 Policy.
    (a) In fulfilling requirements of 10 U.S.C. 3206(a), 10 U.S.C. 3453, 41 U.S.C. 3306(a), and 41 U.S.C. 3307, agencies shall— (1) Specify needs using market research in a manner designed to— (i) Promote full and open competition (see part 6…
  • FAR 11.105 Items peculiar to one manufacturer.
    …nd name, product, or a feature of a product, peculiar to one manufacturer, thereby precluding consideration of a product manufactured by another company, unless— (a)(1) The particular brand name, product, or feature is essential to the Gov…
  • FAR 12.207 Contract type.
    (a) Except as provided in paragraph (b) of this section, agencies shall use firm-fixed-price contracts or fixed-price contracts with economic price adjustment for the acquisition of commercial products or commercial services. (b)(1) A time…
  • FAR 17.207 Exercise of options.
    (a) When exercising an option, the contracting officer shall provide written notice to the contractor within the time period specified in the contract. (b) When the contract provides for economic price adjustment and the contractor request…
  • FAR 17.802 Policy.
    (a) The use of reverse auctions may be appropriate when market research indicates that— (1) A competitive marketplace exists for the supplies and/or services being acquired; (2) Multiple offerors can satisfy the agency's requirement; and …
  • FAR 19.501 General.
    (a)(1) The purpose of small business set-asides is to award certain acquisitions exclusively to small business concerns. A “set-aside for small business” is the limiting of an acquisition exclusively for participation by small business conc…
  • FAR 19.503 Reserves.
    (a) In accordance with section 1331 of the Small Business Jobs Act of 2010 (15 U.S.C. 644(r)(3)) and 13 CFR 125.2(e)(4), contracting officers may, at their discretion when conducting multiple-award procurements using full and open competiti…
  • FAR 25.103 Exceptions.
    When one of the following exceptions applies, the contracting officer may acquire a foreign end product without regard to the restrictions of the Buy American statute: (a) Public interest. The head of the agency may make a determination th…
  • FAR 25.1002 Use of foreign currency.
    (a) Unless an international agreement or the WTO GPA (see 25.408(a)(4)) requires a specific currency, contracting officers must determine whether solicitations for contracts to be entered into and performed outside the United States will re…
  • FAR 41.202 Procedures.
    (a) Prior to executing a utility service contract, the contracting officer shall comply with parts 6 and 7 and 41.201 (d) and (e). In accordance with parts 6 and 7, agencies shall conduct market surveys and perform acquisition planning in o…
  • DFARS 252.216-7001 Economic Price Adjustment-Nonstandard Steel Items.
    As prescribed in 216.203-4-70(b), use the following clause: Economic Price Adjustment—Nonstandard Steel Items (JAN 2023) (a) Definitions. As used in this clause— Base labor index means the average of the labor indices for the three month…

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.