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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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38 sections with “negotiated acquisitions”

  • 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 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 …
  • FAR 15.000 Scope of part.
    This part prescribes policies and procedures governing competitive and noncompetitive negotiated acquisitions. A contract awarded using other than sealed bidding procedures is a negotiated contract (see 14.101).
  • FAR 19.306 Protesting a firm's status as a HUBZone small business concern.
    … if the price evaluation preference was not applied at the time of bid opening; (ii) For negotiated acquisitions, by the close of business on the fifth business day after receipt of the special notification from the contracting officer (se…
  • FAR 19.307 Protesting a firm's status as a service-disabled veteran-owned small business concern.
    …tracting officer (see 15.503(a)(2)) that identifies the apparently successful offeror for negotiated acquisitions, including— (A) Orders placed under multiple-award contracts where the contracting officer requested rerepresentation for the…
  • FAR 19.308 Protesting a firm's status as an economically disadvantaged women-owned small business concern or women-owned small business concern eligible under the Women-Owned Small Business Program.
    …tracting officer (see 15.503(a)(2)) that identifies the apparently successful offeror for negotiated acquisitions including— (A) Orders placed under multiple-award contracts where the contracting officer requested rerepresentation for the …
  • FAR 19.705-2 Determining the need for a subcontracting plan.
    …above the contracting officer, and placed in the contract file. (d) In solicitations for negotiated acquisitions, the contracting officer may require the submission of subcontracting plans with initial offers, or at any other time prior to…
  • FAR 19.705-4 Reviewing the subcontracting plan.
    …ll Business Concerns, the contracting officer may find the bidder nonresponsible. (c) In negotiated acquisitions, the contracting officer shall determine whether the plan is acceptable based on the negotiation of each of the 15 elements of…
  • FAR 15.002 Types of negotiated acquisition.
    (a) Sole source acquisitions. When contracting in a sole source environment, the request for proposals (RFP) should be tailored to remove unnecessary information and requirements; e.g., evaluation criteria and voluminous proposal preparatio…
  • FAR 15.101 Best value continuum.
    An agency can obtain best value in negotiated acquisitions by using any one or a combination of source selection approaches. In different types of acquisitions, the relative importance of cost or price may vary. For example, in acquisitions…
  • FAR 15.203 Requests for proposals.
    (a) Requests for proposals (RFPs) are used in negotiated acquisitions to communicate Government requirements to prospective contractors and to solicit proposals. RFPs for competitive acquisitions shall, at a minimum, describe the— (1) Gove…
  • FAR 15.205 Issuing solicitations.
    …4, and part 6. (b) A master solicitation, as described in 14.203-3, may also be used for negotiated acquisitions.
  • FAR 15.300 Scope of subpart.
    …rt prescribes policies and procedures for selection of a source or sources in competitive negotiated acquisitions.
  • FAR 15.507 Protests against award.
    (a) Protests against award in negotiated acquisitions shall be handled in accordance with part 33. Use of agency protest procedures that incorporate the alternative dispute resolution provisions of Executive Order 12979 is encouraged for bo…
  • 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 19.302 Protesting a small business representation or rerepresentation.
    …tracting officer (see 15.503(a)(2)) that identifies the apparently successful offeror for negotiated acquisitions, including— (A) Partial set-asides and reserves of multiple-award contracts; (B) Orders that are set-aside under an unrestri…
  • FAR 19.702 Statutory requirements.
    …ing subcontracting with small businesses and small business subcontracting plans: (i) In negotiated acquisitions, each solicitation of offers to perform a contract that is expected to exceed $900,000 ($2 million for construction) and that …
  • FAR 22.404-4 Solicitations issued without wage determinations for the primary site of the work.
    …determination for the primary site of the work has been furnished to all bidders. (c) In negotiated acquisitions, the contracting officer may open proposals and conduct negotiations before obtaining the wage determination for the primary s…
  • FAR 22.404-8 Notification of improper wage determination before award.
    …ge determination shall be processed in accordance with 22.404-5(b)(2)(i) or (ii). (c) In negotiated acquisitions, the contracting officer shall delay award, if necessary, and process the notification of an improper wage determination for t…
  • DFARS 202.101 Definitions.
    …uation of offers, also known as cascading evaluation of offers, means a procedure used in negotiated acquisitions, when market research is inconclusive for justifying limiting competition to small business concerns, whereby the contracting …
  • DFARS 225.870-1 General.
    … will award and administer contracts with contractors located in Canada, except for— (1) Negotiated acquisitions for experimental, developmental, or research work under projects other than the Defense Development Sharing Program; (2) Acqu…
  • DFARS 252.216-7001 Economic Price Adjustment-Nonstandard Steel Items.
    …rence between the sum of the percentages inserted in paragraph (b) and 100 percent. 6 In negotiated acquisitions of nonstandard steel items, when there is no established price or when it is not desirable to use this price, this paragraph m…
  • 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 15.404-1 Proposal analysis techniques.
    …arametric models or cost-estimating relationships; and (D) The application of audited or negotiated indirect cost rates, labor rates, and cost of money or other factors. (ii) Evaluating the effect of the offeror's current practices on fut…
  • 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…
  • 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 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…
  • FAR 8.404 Use of Federal Supply Schedules.
    …res, administrative costs, etc.) to meet the Government's needs. Although GSA has already negotiated fair and reasonable pricing, ordering activities may seek additional discounts before placing an order (see 8.405-4). (e) The procedures u…
  • FAR 15.304 Evaluation factors and significant subfactors.
    …in paragraph (c)(3)(iii) of this section, shall be evaluated in all source selections for negotiated competitive acquisitions expected to exceed the simplified acquisition threshold. (ii) For solicitations that are not set aside for small …
  • FAR 15.404-4 Profit.
    …y vary from estimated costs, the contractor's actual realized profit or fee may vary from negotiated profit or fee, because of such factors as efficiency of performance, incurrence of costs the Government does not recognize as allowable, an…
  • FAR 19.805-2 Procedures.
    …phase one offers specified in the solicitation (see 13 CFR 124.507(d)(3)). (1) In either negotiated or sealed bid competitive 8(a) acquisitions SBA will determine the eligibility of the apparent successful offeror and advise the contractin…
  • FAR 25.401 Exceptions.
    … and services specifically excluded under individual trade agreements, such as exceptions negotiated by the U.S. Trade Representative for particular agencies. See the agency supplementary regulations. (b) In the World Trade Organization Go…
  • FAR 32.005 Consideration for contract financing.
    … contract financing to the contractor is expected to be reflected in either (1) A bid or negotiated price that will be lower than such price would have been in the absence of the contract financing, or (2) Contract terms and conditions, o…
  • FAR 36.701 Standard and optional forms for use in contracting for construction or dismantling, demolition, or removal of improvements.
    …solicitation (see 14.403) and may also use them to record offers submitted in response to negotiated solicitations.
  • FAR 43.105 Availability of funds.
    …see 32.704). (b) The certification required by paragraph (a) above shall be based on the negotiated price, except that modifications executed before agreement on price may be based on the best available estimate of cost. (c) In accordance…
  • DFARS 215.300 Scope of subpart.
    When conducting negotiated, competitive acquisitions utilizing FAR part 15 procedures, contracting officers shall follow the principles and procedures in the Director, Defense Pricing and Contracting memorandum provided at PGI 215.300.
  • DFARS 215.371-3 Fair and reasonable price and the requirement for additional cost or pricing data.
    …ll enter into negotiations with the offeror to establish a fair and reasonable price. The negotiated price should not exceed the offered price. (d) If the contracting officer is unable to negotiate a fair and reasonable price, see FAR 15.4…
  • 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. …

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.