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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16 sections with “inherently governmental functions”

  • 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 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 3.1106 Contract clause.
    …tor employee(s) that involve performance of acquisition functions closely associated with inherently governmental functions for, or on behalf of, a Federal agency or department. (b) If only a portion of a contract is for the performance of…
  • 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:…
  • DFARS 207.503 Policy.
    …tion required by FAR 7.503(e), that none of the functions to be performed by contract are inherently governmental— (i) Shall be prepared using DoD Instruction 1100.22, Guidance for Determining Workforce Mix; and (ii) Shall include a deter…
  • 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 7.105 Contents of written acquisition plans.
    …rmance. Address the consideration given to OMB Circular No. A-76 (see subpart 7.3). (10) Inherently governmental functions. Address the consideration given to subpart 7.5. (11) Management information requirements. Discuss, as appropriate,…
  • FAR 7.500 Scope of subpart.
    The purpose of this subpart is to prescribe policies and procedures to ensure that inherently governmental functions are not performed by contractors.
  • 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 37.503 Agency-head responsibilities.
    …ner; (c) Specific procedures are in place before contracting for services to ensure that inherently governmental functions are performed by Government personnel; and (d) Strategies are developed and necessary staff training is initiated t…
  • 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…
  • DFARS 237.102 Policy.
    …ar A-76. (c) In addition to the prohibition on award of contracts for the performance of inherently governmental functions, contracting officers shall not award contracts for functions that are exempt from private sector performance. See 2…
  • DFARS 237.102-72 Contracts for management services.
    …on of a major system, only if— (a) The contract prohibits the contractor from performing inherently governmental functions; (b) The DoD organization responsible for the development or production of the major system ensures that Federal em…
  • DFARS 252.209-7007 Prohibited Financial Interests for Lead System Integrators.
    … 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 7.000 Scope of part.
    …al to lease equipment rather than purchase it; and (d) Determining whether functions are inherently governmental.

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.