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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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220 sections with “negotiated contract”: the first 40

  • 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 52.219-9 Small Business Subcontracting Plan.
    …e included in and made a part of the resultant contract. The subcontracting plan shall be negotiated within the time specified by the Contracting Officer. Failure to submit and negotiate the subcontracting plan shall make the Offeror inelig…
  • FAR 19.705-6 Postaward responsibilities of the contracting officer.
    …ubcontracting plan submitted in response to a sealed bid solicitation; and (2) The final negotiated subcontracting plan that was incorporated into a negotiated contract or contract modification. (d) Notify the SBA procurement center repre…
  • FAR 27.202-5 Solicitation provisions and contract clause.
    …rovision at 52.227-6, Royalty Information, in— (i) Any solicitation that may result in a negotiated contract for which royalty information is desired and for which certified cost or pricing data are obtained under 15.403; or (ii) Sealed b…
  • FAR 30.605 Processing noncompliances.
    …st to the Government for fixed-price contracts and subcontracts as follows: (i) When the negotiated contract or subcontract price exceeds what the negotiated price would have been had the contractor used a compliant practice, the differenc…
  • 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 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 204.804 Closeout of contract files.
    … meeting the requirements of paragraph (3)(i) of this section may be closed out through a negotiated settlement with the contractor. Except as provided in paragraph (3)(ii)(B) of this section, the contract closeout process shall include a b…
  • 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 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 16.403-2 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 16.405-1 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 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 19.806 Pricing the 8(a) contract.
    …vailable the data used to estimate the fair market price within 10 working days. (d) The negotiated contract price and the estimated fair market price are subject to the concurrence of the SBA. In the event of a disagreement between the co…
  • FAR 28.101-2 Solicitation provision or contract clause.
    …id bonds are acceptable in accordance with 28.101-1(b); (3) For use in solicitations for negotiated contracts; or (4) For use in service contracts containing options for extended performance. (b) The contracting officer shall determine t…
  • FAR 30.201 Contract requirements.
    … the rules for determining whether a proposed contract or subcontract is exempt from CAS. Negotiated contracts not exempt in accordance with 48 CFR 9903.201-1(b) shall be subject to CAS. A CAS-covered contract may be subject to either full …
  • 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 48.201 Clauses for supply or service contracts.
    …ram requirement may be specified by the Government in the solicitation or, in the case of negotiated contracting, proposed by the contractor as part of its offer and included as a subject for negotiation. The program requirement shall be sh…
  • FAR 52.229-6 Taxes—Foreign Fixed-Price Contracts.
    …s used in this clause— Contract date means the date set for bid opening or, if this is a negotiated contract or a modification, the effective date of this contract or modification. Country concerned means any country, other than the Unite…
  • FAR 52.229-7 Taxes—Fixed-Price Contracts With Foreign Governments.
    …ontract date, as used in this clause, means the date set for bid opening or, if this is a negotiated contract or a modification, the effective date of this contract or modification. (b)(1) The contract price, including the prices in any su…
  • FAR 53.243 Contract modifications (SF 30).
    …02-5, and elsewhere in this chapter. The form may also be used to amend solicitations for negotiated contracts, as specified in 15.210(b). Pending the publication of a new edition of the form, Instruction (b), Item 3 (effective date), is re…
  • 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 15.406-3 Documenting the negotiation.
    …The contracting officer shall document in the contract file the principal elements of the negotiated agreement. The documentation (e.g., price negotiation memorandum (PNM)) shall include the following: (1) The purpose of the negotiation. …
  • 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 16.203-4 Contract clauses.
    …fficer may use an agency-prescribed clause instead of the clause at 52.216-2. (3) If the negotiated unit price reflects a net price after applying a trade discount from a catalog or list price, the contracting officer shall document in the…
  • 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 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 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 32.1005 Solicitation provision and contract clause.
    …solicitation provision at 52.232-28, Invitation to Propose Performance-Based Payments, in negotiated solicitations that invite offerors to propose performance-based payments. (2) Use the provision with its Alternate I in competitive negoti…
  • FAR 41.204 GSA areawide contracts.
    …se published may require the approval of the regulatory body. (2) Areawide contracts are negotiated with utility service suppliers for the provision of service within the supplier's franchise territory or service area. (3) Due to the regu…
  • 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 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.
    …ula under which the total final price shall be established by applying to the total final negotiated cost an adjustment for profit or loss, determined as follows: (i) If the total final negotiated cost is equal to the total firm target cos…
  • 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…
  • DFARS 227.7103-5 Government rights.
    …ights in data in return for other consideration. In those cases, a special license may be negotiated. However, the licensor is not obligated to provide the Government greater rights and the contracting officer is not required to accept less…
  • DFARS 227.7203-5 Government rights.
    …lesser rights in return for other consideration. In those cases, a special license may be negotiated. However, the licensor is not obligated to provide the Government greater rights and the contracting officer is not required to accept less…
  • DFARS 245.604-1 Sales procedures.
    …the bidder to whom an award will be made within 5 working days from receipt of bids. (4) Negotiated sales. (i) Negotiated sales include purchases or retention at less than cost by the contractor. Negotiated sales may be made when— (A) Th…
  • DFARS 252.219-7004 Small Business Subcontracting Plan (Test Program).
    … or subdivision (e.g., plant or division operating as a separate profit center) basis, as negotiated in the comprehensive subcontracting plan with the Defense Contract Management Agency. (ii) This report encompasses all subcontracting unde…
  • 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…

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.