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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175 sections with “negotiate contracts”: the first 40

  • FAR 16.403-2 Fixed-price incentive (successive targets) contracts.
    …ncentive (successive targets) contract specifies the following elements, all of which are negotiated at the outset: (i) An initial target cost. (ii) An initial target profit. (iii) An initial profit adjustment formula to be used for esta…
  • FAR 16.403-1 Fixed-price incentive (firm target) contracts.
    …t not a profit ceiling or floor), and a profit adjustment formula. These elements are all negotiated at the outset. The price ceiling is the maximum that may be paid to the contractor, except for any adjustment under other contract clauses.…
  • FAR 16.403 Fixed-price incentive contracts.
    …final contract price by application of a formula based on the relationship of total final negotiated cost to total target cost. The final price is subject to a price ceiling, negotiated at the outset. The two forms of fixed-price incentive …
  • FAR 16.405-1 Cost-plus-incentive-fee contracts.
    …s-incentive-fee contract is a cost-reimbursement contract that provides for the initially negotiated fee to be adjusted later by a formula based on the relationship of total allowable costs to total target costs. This contract type specifie…
  • FAR 41.204 GSA areawide contracts.
    …atory body and published in a tariff or rate schedule. However, agencies are permitted to negotiate other rates and terms and conditions of service with the supplier (see paragraph (c) of this section). Rates other than those published may …
  • FAR 30.604 Processing changes to disclosed or established cost accounting practices.
    …t is denied. (2) If the CFAO determines the change is a desirable change, the CFAO shall negotiate any cost or price adjustments that may be needed to resolve the cost impact (see 30.606). (3) If the request is denied, the change is a uni…
  • FAR 30.605 Processing noncompliances.
    …low the requirements in paragraph (b)(4) of this section. Otherwise, the CFAO shall— (1) Negotiate and resolve the cost impact (see 30.606). If necessary, the CFAO may request the contractor submit a revised GDM proposal by a specified dat…
  • FAR 31.102 Fixed-price contracts.
    …ples to fixed-price contracts and subcontracts shall not be construed as a requirement to negotiate agreements on individual elements of cost in arriving at agreement on the total price. The final price accepted by the parties reflects agre…
  • FAR 31.103 Contracts with commercial organizations.
    …ct modifications for supplies, services, or experimental, developmental, or research work negotiated with organizations other than educational institutions (see 31.104), construction and architect-engineer contracts (see 31.105), State and …
  • FAR 31.109 Advance agreements.
    …iples at subparts 31.2, 31.3, 31.6, and 31.7 of that cost. (b) Advance agreements may be negotiated either before or during a contract but should be negotiated before incurrence of the costs involved. The agreements must be in writing, exe…
  • 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 42.707 Cost-sharing rates and limitations on indirect cost rates.
    …y accepting indirect cost rates lower than the anticipated actual rates. In such cases, a negotiated indirect cost rate ceiling may be incorporated into the contract for prospective application. For cost sharing under research and developme…
  • 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 52.216-16 Incentive Price Revision—Firm Target.
    … establish the total final price of the items specified in (a) above by applying to final negotiated cost an adjustment for profit or loss, as follows: (1) On the basis of the information required by paragraph (c) above, together with any …
  • FAR 52.216-17 Incentive Price Revision—Successive Targets.
    …rofit adjustment formula for determining final profit, as follows: (1) The parties shall negotiate a total firm target cost, based upon the data submitted under paragraph (c) above. (2) If the total firm target cost is more than the total…
  • 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 52.230-2 Cost Accounting Standards.
    …ctor is required to make to the Contractor's established cost accounting practices. (ii) Negotiate with the Contracting Officer to determine the terms and conditions under which a change may be made to a cost accounting practice, other tha…
  • FAR 52.230-3 Disclosure and Consistency of Cost Accounting Practices.
    …oposed, however, by either the Government or the Contractor, and the Contractor agrees to negotiate with the Contracting Officer the terms and conditions under which a change may be made. After the terms and conditions under which the chang…
  • FAR 52.230-4 Disclosure and Consistency of Cost Accounting Practices—Foreign Concerns.
    …d, however, by either the U.S. Government or the Contractor, and the Contractor agrees to negotiate with the Contracting Officer the terms and conditions under which a change may be made. After the terms and conditions under which the chang…
  • FAR 52.230-5 Cost Accounting Standards—Educational Institution.
    …ctor is required to make to the Contractor's established cost accounting practices. (ii) Negotiate with the Contracting Officer to determine the terms and conditions under which a change may be made to a cost accounting practice, other tha…
  • FAR 52.230-6 Administration of Cost Accounting Standards.
    …R 9903.306(c). The associated increase or decrease is based on the difference between the negotiated incentives, fees, and profits and the amounts that would have been negotiated had the cost impact been known at the time the contracts and …
  • FAR 52.244-2 Subcontracts.
    …actor and the subcontractor; and the effect of any such defective data on the total price negotiated; (F) The reasons for any significant difference between the Contractor's price objective and the price negotiated; and (G) A complete exp…
  • FAR 53.215-1 Solicitation and receipt of proposals.
    …ev. 3/2013), Award/Contract. SF 26, prescribed in 53.214(a), may be used in entering into negotiated contracts in which the signature of both parties on a single document is appropriate, as specified in 15.509. Block 18 may not be used for …
  • DFARS 217.172 Multiyear contracts for supplies.
    …s to the Government of using the multiyear contract; (iii) Include details regarding the negotiated contract terms and conditions; and (iv) Be submitted to OUSD(A&S)(DPCAP) for transmission to Congress via the Secretary of Defense and the…
  • DFARS 237.104 Personal services contracts.
    …tiations with the highest ranked applicant. If a mutually satisfactory contract cannot be negotiated, the contracting officer shall terminate negotiations with the highest ranked applicant and enter into negotiations with the next highest. …
  • DFARS 252.227-7013 Rights in Technical Data—Other Than Commercial Products and Commercial Services.
    … shall have government purpose rights for a 5-year period, or such other period as may be negotiated, in technical data— (A) That pertain to items, components, or processes developed with mixed funding except when the Government is entitle…
  • DFARS 252.227-7014 Rights in Other Than Commercial Computer Software and Other Than Commercial Computer Software Documentation.
    … rights shall remain in effect for a period of 5 years unless a different period has been negotiated. Upon expiration of the 5-year or other negotiated period, the Government shall have unlimited rights in the computer software or computer …
  • 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.
    … and ends 20 years after that date unless, after the award, the agency and the Contractor negotiate for some other protection period for the SBIR/STTR data developed or generated under that contract. SBIR/STTR data rights means the Governm…
  • FAR 15.407-2 Make-or-buy programs.
    …ting officers may require prospective contractors to submit make-or-buy program plans for negotiated acquisitions requiring certified cost or pricing data whose estimated value is $20 million or more, except when the proposed contract is fo…
  • FAR 16.204 Fixed-price incentive contracts.
    …and establishing the final contract price by a formula based on the relationship of final negotiated total cost to total target cost. Fixed-price incentive contracts are covered in subpart 16.4, Incentive Contracts. See 16.403 for more comp…
  • FAR 16.304 Cost-plus-incentive-fee contracts.
    …us-incentive-fee contract is a cost-reimbursement contract that provides for an initially negotiated fee to be adjusted later by a formula based on the relationship of total allowable costs to total target costs. Cost-plus-incentive-fee con…
  • FAR 16.306 Cost-plus-fixed-fee contracts.
    …ontract is a cost-reimbursement contract that provides for payment to the contractor of a negotiated fee that is fixed at the inception of the contract. The fixed fee does not vary with actual cost, but may be adjusted as a result of change…
  • FAR 16.702 Basic agreements.
    (a) Description. A basic agreement is a written instrument of understanding, negotiated between an agency or contracting activity and a contractor, that (1) contains contract clauses applying to future contracts between the parties during i…
  • FAR 18.105 Federal Supply Schedules (FSSs), multi-agency blanket purchase agreements (BPAs), and multi-agency indefinite delivery contracts.
    …acts (see 16.505(a)(8)). These contracting methods may offer agency advance planning, pre-negotiated line items, and special terms and conditions that permit rapid response.
  • FAR 30.201-4 Contract clauses.
    …ontracting officer shall insert the clause at FAR 52.230-2, Cost Accounting Standards, in negotiated contracts, unless the contract is exempted (see 48 CFR 9903.201-1), the contract is subject to modified coverage (see 48 CFR 9903.201-2), o…
  • FAR 31.105 Construction and architect-engineer contracts.
    (a) This category includes all contracts and contract modifications negotiated on the basis of cost with organizations other than educational institutions (see 31.104), State and local governments (see 31.107), and nonprofit organizations e…
  • FAR 32.405 Applying Pub. L. 85-804 to advance payments under sealed bid contracts.
    …. These advance payments may be made at or after award of sealed bid contracts as well as negotiated contracts. (b) Bidders may request advance payments before or after award, even if the invitation for bids does not contain an advance pay…
  • FAR 35.015 Contracts for research with educational institutions and nonprofit organizations.
    …ach, methods, or schedule of work. (b) Basic agreements. (1) A basic agreement should be negotiated if the number of contracts warrants such an agreement (see 16.702). Basic agreements should be reviewed and updated at least annually. (2)…
  • 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 46.314 Transportation contracts.
    …ational ocean carriers, or to freight services provided under bills of lading or to those negotiated for reduced rates under 49 U.S.C. 10721 or 13712. (See part 47, Transportation.)

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.