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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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146 sections with “negotiated contracts”: the first 40

  • 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 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 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 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 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 16.403-1 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 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 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 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 52.219-9 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 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…
  • 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 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.
    …ll have government purpose rights for a period of 5 years, or such other period as may be negotiated. This period shall commence upon award of the contract, subcontract, letter contract (or similar contractual instrument), or contract modif…
  • FAR 15.210 Forms.
    …rd Form 33, Solicitation, Offer, and Award, and Optional Form 308, Solicitation and Offer—Negotiated Acquisition, may be used to issue RFPs and RFIs. (b) Standard Form 30, Amendment of Solicitation/Modification of Contract, and Optional Fo…
  • 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 15.509 Forms.
    …rm (SF) 26, Award/Contract, or SF 33, Solicitation, Offer and Award, may be used to award negotiated contracts in which the signature of both parties on a single document is appropriate. Note however, if using the SF 26 for a negotiated pro…
  • 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 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 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 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 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 42.003 Cognizant Federal agency.
    …he cognizant Federal agency normally will be the agency with the largest dollar amount of negotiated contracts, including options. For educational institutions (defined as institutions of higher education in the OMB Uniform Guidance at 2 CF…
  • 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 47.200 Scope of subpart.
    (a) This subpart prescribes procedures for the acquisition by sealed bid or negotiated contracts of— (1) Freight transportation (including local drayage) from rail, motor (including bus), domestic water (including inland, coastwise, and in…
  • 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 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 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 (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.