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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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29 sections with “negotiate a settlement by agreement”

  • FAR 42.302 Contract administration functions.
    …ed by the contracting officer, furnish comments and recommendations to that officer. (5) Negotiate forward pricing rate agreements (see 15.407-3). (6) Negotiate advance agreements applicable to treatment of costs under contracts currently…
  • FAR 49.103 Methods of settlement.
    …ent contracts and fixed-price contracts terminated for convenience may be effected by (a) negotiated agreement, (b) determination by the TCO, (c) costing-out under vouchers using SF 1034, Public Voucher for Purchases and Services Other Than…
  • FAR 49.110 Settlement negotiation memorandum.
    …e memorandum shall be distributed in accordance with 15.406-3. (b) If the settlement was negotiated on the basis of individual items, the TCO shall specify the factors considered for each item. If the settlement was negotiated on an overal…
  • FAR 49.115 Settlement of terminated incentive contracts.
    …ed-Price). (1) Partial termination. Under a partially terminated contract, the TCO shall negotiate a settlement as provided in the termination clause of the contract, and paragraph (j) of the clause at 52.216-16, Incentive Price Revision—F…
  • FAR 52.219-9 Small Business Subcontracting Plan.
    …ontractor. (c)(1) The Offeror, upon request by the Contracting Officer, shall submit and negotiate a subcontracting plan, where applicable, that separately addresses subcontracting with small business, veteran-owned small business, service…
  • FAR 42.705-3 Educational institutions.
    …rmined rates. (ii) If the proposal is found to be generally acceptable, the agency shall negotiate the predetermined rates with the institution. The rates should be based on an audit of the institution's costs for the year immediately prec…
  • FAR 49.109-6 Joint settlement of two or more settlement proposals.
    (a) With the consent of the contractor, the TCO or TCO's concerned may negotiate jointly two or more termination settlement proposals of the same contractor under different contracts, even though the contracts are with different contracting…
  • FAR 49.603-3 Cost-reimbursement contracts—complete termination, if settlement includes cost.
    …equently be reserved and that should be scrutinized at the time a settlement agreement is negotiated (see 49.109-2). The suggested language of the excepted items on the list may be varied at the discretion of the contracting officer. If acc…
  • FAR 49.603-4 Cost-reimbursement contracts—complete termination, with settlement limited to fee.
    …equently be reserved and that should be scrutinized at the time a settlement agreement is negotiated (see 49.109-2). The suggested language of the excepted items on the list may be varied at the discretion of the contracting officer. If acc…
  • FAR 52.216-5 Price Redetermination—Prospective.
    …equired by paragraph (d) above, the Contracting Officer and the Contractor shall promptly negotiate to redetermine fair and reasonable prices for supplies that may be delivered or services that may be performed in the period following the e…
  • FAR 15.403-4 Requiring certified cost or pricing data (10 U.S.C. chapter 271 and 41 U.S.C. chapter 35).
    …ase of existing contracts, the threshold specified in the contract: (i) The award of any negotiated contract (except for undefinitized actions such as letter contracts). (ii) The award of a subcontract at any tier, if the contractor and e…
  • FAR 49.201 General.
    …ict accounting principles, is the heart of a settlement. (b) The primary objective is to negotiate a settlement by agreement. The parties may agree upon a total amount to be paid the contractor without agreeing on or segregating the partic…
  • FAR 52.216-6 Price Redetermination—Retroactive.
    …equired by paragraph (c) above, the Contracting Officer and the Contractor shall promptly negotiate to redetermine fair and reasonable prices for supplies delivered and services performed by the Contractor under this contract. (e) Contract…
  • FAR 52.216-10 Incentive Fee.
    …et cost, as used in this contract, means the estimated cost of this contract as initially negotiated, adjusted in accordance with paragraph (d) below. (2) Target fee, as used in this contract, means the fee initially negotiated on the assu…
  • DFARS 242.302 Contract administration functions.
    …tact for all Single Process Initiative (SPI) Management Council activities. The ACO shall negotiate and execute facilitywide class modifications and agreements for SPI processes, when authorized by the affected components. (S-71) DCMA has …
  • FAR 2.101 Definitions.
    …r types of F.o.b., see 47.303). Forward pricing rate agreement means a written agreement negotiated between a contractor and the Government to make certain rates available during a specified period for use in pricing contracts or modificat…
  • FAR 31.205-6 Compensation for personal services.
    …ts. If costs of compensation established under “arm's length” labor-management agreements negotiated under the terms of the Federal Labor Relations Act or similar state statutes are otherwise allowable, the costs are reasonable unless, as a…
  • FAR 49.105 Duties of termination contracting officer after issuance of notice of termination.
    …ntractor and, when appropriate, the settlement proposals of subcontractors; (3) Promptly negotiate settlement with the contractor and enter into a settlement agreement; and (4) Promptly settle the contractor's settlement proposal by deter…
  • FAR 52.248-1 Value Engineering.
    …alized when (i) the cost or price is reduced on the instant contract, (ii) reductions are negotiated in concurrent contracts, (iii) future contracts are awarded, or (iv) agreement is reached on a lump-sum payment for future contract savings…
  • DFARS 215.404-4 Profit.
    … use a structured approach for developing a prenegotiation profit or fee objective on any negotiated contract action when certified cost or pricing data is obtained, except for cost-plus-award-fee contracts (see 215.404-74, 216.405-2, and F…
  • DFARS 252.245-7005 Management and Reporting of Government Property.
    …spective bidders. (iv) The Contractor shall solicit bids to obtain adequate competition. Negotiated sales are subject to obtaining such competition as is feasible under the circumstances of the negotiated sale. (v) The Contractor shall so…
  • FAR 3.104-1 Definitions.
    …ount paid or to be paid in settlement of a claim; or (6) The estimated monetary value of negotiated overhead or other rates when applied to the Government portion of the applicable allocation base. Official means— (1) An officer, as defi…
  • FAR 42.708 Quick-closeout procedure.
    (a) The contracting officer responsible for contract closeout shall negotiate the settlement of direct and indirect costs for a specific contract, task order, or delivery order to be closed, in advance of the determination of final direct c…
  • FAR 49.112-2 Final payment.
    (a) Negotiated settlement. After execution of a settlement agreement, the contractor shall submit a voucher or invoice showing the amount agreed upon, less any portion previously paid. The TCO shall attach a copy of the settlement agreement…
  • FAR 49.202 Profit.
    …completed; (8) The rate of profit both parties contemplated at the time the contract was negotiated; and (9) Character and difficulty of subcontracting, including selection, placement, and management of subcontracts, and effort in negotia…
  • FAR 49.603-1 Fixed-price contracts—complete termination.
    …equently be reserved and that should be scrutinized at the time a settlement agreement is negotiated (see 49.109-2). The suggested language of the excepted items on the list may be varied at the discretion of the contracting officer. If acc…
  • FAR 49.603-2 Fixed-price contracts—partial termination.
    …equently be reserved and that should be scrutinized at the time a settlement agreement is negotiated (see 49.109-2). The suggested language of the excepted items on the list may be varied at the discretion of the contracting officer. If acc…
  • FAR 52.232-27 Prompt Payment for Construction Contracts.
    … not be construed to impair the right of the Contractor or a subcontractor at any tier to negotiate, and to include in their subcontract, provisions that— (1) Retainage permitted. Permit the Contractor or a subcontractor to retain (without…
  • DFARS 249.7000 Terminated contracts with Canadian Commercial Corporation.
    …s are not subject to the approval and ratification of the TCO. However, when the proposed negotiated settlement exceeds the total contract price of the prime contract, the TCO shall obtain from the U.S. contracting officer prior to final se…

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.