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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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253 sections with “negotiation”: the first 40

  • FAR 15.405 Price negotiation.
    (a) The purpose of performing cost or price analysis is to develop a negotiation position that permits the contracting officer and the offeror an opportunity to reach agreement on a fair and reasonable price. A fair and reasonable price doe…
  • FAR 15.406-3 Documenting the negotiation.
    …t 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. (2) A description of the acquisition, including appro…
  • FAR 36.606 Negotiations.
    … the selection authority, the final selection authorizes the contracting officer to begin negotiations. Negotiations shall be conducted in accordance with part 15 of this chapter, beginning with the most preferred firm in the final selectio…
  • FAR 15.406-1 Prenegotiation objectives.
    (a) The prenegotiation objectives establish the Government's initial negotiation position. They assist in the contracting officer's determination of fair and reasonable price. They should be based on the results of the contracting officer's…
  • FAR 49.110 Settlement negotiation memorandum.
    (a) The TCO shall, at the conclusion of negotiations, prepare a settlement negotiation memorandum describing the principal elements of the settlement for inclusion in the termination case file and for use by reviewing authorities. Pricing a…
  • FAR 15.607 Criteria for acceptance and negotiation of an unsolicited proposal.
    …is otherwise not deemed a meritorious proposal. (b) The contracting officer may commence negotiations on a sole source basis only when— (1) An unsolicited proposal has received a favorable comprehensive evaluation; (2) A justification an…
  • FAR 36.214 Special procedures for price negotiation in construction contracting.
    … the offeror and the Government estimator completely understand the scope of the work. If negotiations reveal errors in the Government estimate, the estimate shall be corrected and the changes shall be documented in the contract file. (c) …
  • FAR 36.520 Contracting by negotiation.
    …ction the provision at 52.236-28, Preparation of Offers—Construction, when contracting by negotiation.
  • FAR 52.215-2 Audit and Records—Negotiation.
    As prescribed in 15.209(b), insert the following clause: Audit and Records—Negotiation (JUN 2020) (a) As used in this clause, records includes books, documents, accounting procedures and practices, and other data, regardless of type and r…
  • DFARS 215.406-1 Prenegotiation objectives.
    Follow the procedures at PGI 215.406-1 for establishing prenegotiation objectives.
  • DFARS 215.406-3 Documenting the negotiation.
    Follow the procedures at PGI 215.406-3 for documenting the negotiation and uploading sole source business clearance documentation into the Contract Business Analysis Repository.
  • DFARS 219.702-70 Statutory requirements for the Test Program for Negotiation of Comprehensive Small Business Subcontracting Plans.
    …mall disadvantaged business concerns. This program is referred to as the Test Program for Negotiation of Comprehensive Small Business Subcontracting Plans (Test Program). (b) Eligibility requirements. To become and remain eligible to parti…
  • DFARS 249.110 Settlement negotiation memorandum.
    Follow the procedures at PGI 249.110 for preparation of a settlement negotiation memorandum.
  • FAR 19.808 Contract negotiation.
  • FAR 53.215 Contracting by negotiation.
  • DFARS 219.808 Contract negotiation.
  • DFARS 236.606 Negotiations.
  • DFARS 253.215 Contracting by negotiation.
  • FAR 3.803 Exceptions.
    …r professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for …
  • FAR 14.404-1 Cancellation of invitations after opening.
    …ermination in paragraph (c) of this subsection, the completion of the acquisition through negotiation, the contracting officer shall proceed in accordance with paragraph (f) of this subsection. (2) If the invitation for bids has been cance…
  • FAR 15.404-4 Profit.
    …ction prescribes policies for establishing the profit or fee portion of the Government prenegotiation objective in price negotiations based on cost analysis. (1) Profit or fee prenegotiation objectives do not necessarily represent net inco…
  • FAR 16.403-2 Fixed-price incentive (successive targets) contracts.
    … fixed price, using the firm target cost plus the firm target profit as a guide. (ii) If negotiation of a firm fixed price is inappropriate, they may negotiate a formula for establishing the final price using the firm target cost and firm …
  • FAR 31.109 Advance agreements.
    … in the contracting office, or an ACO when delegated by the contracting officer. When the negotiation authority is delegated, the ACO shall coordinate the proposed agreement with the contracting officer before executing the advance agreemen…
  • FAR 42.705-1 Contracting officer determination procedure.
    …ed, by the administrative contracting officers assigned to the individual business units. Negotiations may be conducted on a coordinated or centralized basis, depending upon the degree of centralization within the contractor's organization.…
  • DFARS 242.7502 Policy.
    …oposals until the deficiencies are resolved. (2) The contracting officer responsible for negotiation of a proposal generated by an accounting system with an identified deficiency shall evaluate whether the deficiency impacts the negotiatio…
  • DFARS 244.305-70 Policy.
    …oposals until the deficiencies are resolved. (2) The contracting officer responsible for negotiation of a proposal generated by a purchasing system with an identified deficiency shall evaluate whether the deficiency impacts the negotiation…
  • DFARS 252.247-7002 Revision of prices.
    …agree to increase or decrease such prices in accordance with this clause. (c) Demand for negotiation. (1) At any time, subject to the limitations specified in this clause, either the Contracting Officer or the Contractor may deliver to the…
  • FAR 2.101 Definitions.
    …of agreement on price, prudent buyers and sellers would reasonably expect to affect price negotiations significantly. Cost or pricing data are factual, not judgmental; and are verifiable. While they do not indicate the accuracy of the prosp…
  • FAR 15.404-1 Proposal analysis techniques.
    …ntly prepared a five-volume set of Contract Pricing Reference Guides to guide pricing and negotiation personnel. The five guides are: I Price Analysis, II Quantitative Techniques for Contract Pricing, III Cost Analysis, IV Advanced Issues i…
  • FAR 19.808-1 Sole source.
    (a) The SBA may not accept for negotiation a sole-source 8(a) contract that exceeds $30 million unless the requesting agency has completed a justification in accordance with the requirements of 6.303. (b) The SBA is responsible for initiat…
  • FAR 27.404-2 Limited rights data and restricted computer software.
    …elivered. Where limited rights data are expected to be delivered, use Alternate II. Where negotiations are based on an unsolicited proposal, the need for Alternate II of the clause at 52.227-14 should be addressed during negotiations or dis…
  • FAR 42.1701 Procedures.
    (a) Negotiation of forward pricing rate agreements (FPRA's) may be requested by the contracting officer or the contractor or initiated by the administrative contracting officer (ACO). In determining whether or not to establish such an agree…
  • FAR 52.244-2 Subcontracts.
    …ting Standards when such data are required by other provisions of this contract. (vii) A negotiation memorandum reflecting— (A) The principal elements of the subcontract price negotiations; (B) The most significant considerations control…
  • DFARS 225.7304 FMS customer involvement.
    …in paragraph (e)(3) of this section, the degree of FMS customer participation in contract negotiations is left to the discretion of the contracting officer after consultation with the contractor. The contracting officer shall provide an exp…
  • DFARS 237.104 Personal services contracts.
    …f the ranked listing of applicants, the contracting officer shall either— (1) Enter into negotiations with the highest ranked applicant. If a mutually satisfactory contract cannot be negotiated, the contracting officer shall terminate nego…
  • FAR 15.306 Exchanges with offerors after receipt of proposals.
    …5 and 15.506). (d) Exchanges with offerors after establishment of the competitive range. Negotiations are exchanges, in either a competitive or sole source environment, between the Government and offerors, that are undertaken with the inte…
  • FAR 15.403-3 Requiring data other than certified cost or pricing data.
    …5.403-5(b)(2)). (3) The contracting officer shall ensure that data used to support price negotiations are sufficiently current to permit negotiation of a fair and reasonable price. Requests for updated offeror data should be limited to dat…
  • FAR 15.407-1 Defective certified cost or pricing data.
    …incompleteness, or noncurrency of the data when negotiating the contract price. The price negotiation memorandum shall reflect the adjustments made to the data or the corrected data used to negotiate the contract price. (b)(1) If, after aw…
  • FAR 16.203-4 Contract clauses.
    …ablished prices—standard supplies. (1) The contracting officer shall, when contracting by negotiation, insert the clause at 52.216-2, Economic Price Adjustment—Standard Supplies, or an agency-prescribed clause as authorized in subparagraph …
  • FAR 17.106-1 General.
    …iyear procedure is compatible with sealed bidding, including two-step sealed bidding, and negotiation. (b) Type of contract. Given the longer performance period associated with multiyear acquisition, consideration in pricing fixed-priced c…

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.