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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11 sections with “inherently governmental activities”

  • FAR 7.503 Policy.
    (a) Contracts shall not be used for the performance of inherently governmental functions. (b) Agency decisions which determine whether a function is or is not an inherently governmental function may be reviewed and modified by appropriate …
  • FAR 2.101 Definitions.
    …ere information technology is integral to its operation, are not information technology. Inherently governmental function means, as a matter of policy, a function that is so intimately related to the public interest as to mandate performan…
  • FAR 7.302 Policy.
    (a) The Circular provides that it is the policy of the Government to— (1) Perform inherently governmental activities with Government personnel; and (2) Subject commercial activities to the forces of competition. (b) As provided in the Ci…
  • FAR 37.114 Special acquisition requirements.
    … require special management attention to ensure that they do not result in performance of inherently governmental functions by the contractor and that Government officials properly exercise their authority. Agencies must ensure that— (a) A…
  • FAR 52.203-16 Preventing Personal Conflicts of Interest.
    …) (a) Definitions. As used in this clause— Acquisition function closely associated with inherently governmental functions means supporting or providing advice or recommendations with regard to the following activities of a Federal agency:…
  • FAR 3.1101 Definitions.
    As used in this subpart— Acquisition function closely associated with inherently governmental functions means supporting or providing advice or recommendations with regard to the following activities of a Federal agency: (1) Planning acqu…
  • FAR 7.103 Agency-head responsibilities.
    … request is initiated or contract entered into that would result in the performance of an inherently governmental function by a contractor and that all contracts or orders are adequately managed so as to ensure effective official control ov…
  • FAR 7.301 Definitions.
    Definitions of “inherently governmental activity” and other terms applicable to this subpart are set forth at Attachment D of the Office of Management and Budget Circular No. A-76 (Revised), Performance of Commercial Activities, dated May 2…
  • FAR 11.106 Purchase descriptions for service contracts.
    …urchase descriptions for service contracts, agency requiring activities shall ensure that inherently governmental functions (see subpart 7.5) are not assigned to a contractor. These purchase descriptions shall (a) Reserve final determinati…
  • FAR 37.102 Policy.
    …ties and subpart 7.3). (c) Agencies shall not award a contract for the performance of an inherently governmental function (see subpart 7.5). (d) Non-personal service contracts are proper under general contracting authority. (e) Agency pr…
  • DFARS 209.571-1 Definitions.
    … the primary purpose of which is to perform acquisition functions closely associated with inherently governmental functions (see section 7.503(d) of the Federal Acquisition Regulation) with respect to the development or production of a majo…

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.