SpendQueryBeta

48 CFR · Federal Acquisition Regulation and Defense supplement

FAR and DFARS navigator

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.

Ask the FAR

Try: · · ·

Clear

33 sections with “negotiation position”

  • 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 15.406-1 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 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 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 227.7006 Investigation and administrative disposition of claims.
    …ments as jointly agreed upon by the Departments concerned. The Department responsible for negotiation shall, throughout the negotiation, coordinate with the other Departments concerned and keep them advised of the status of the negotiation.…
  • 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…
  • 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…
  • 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…
  • DFARS 235.006 Contracting methods and contract type.
    …ph (b)(ii)(A)(3)(i) of this section. (B) Obtain USD(A&S) approval of the Government's prenegotiation position before negotiations begin, and obtain USD(A&S) approval of the negotiated agreement with the contractor before the agreement is e…
  • 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 15.407-1 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 27.302 Policy.
    …nder the clause. However, in no event will the Secretary of Commerce intervene in ongoing negotiations or contractor decisions concerning the licensing of a specific subject invention. These investigations, discussions, and negotiations inv…
  • FAR 49.107 Audit of prime contract settlement proposals and subcontract settlements.
    …t be careful not to reveal privileged information or information that will jeopardize the negotiation position of the Government, the prime contractor, or a higher tier subcontractor. Consistent with this, and when in the Government's inter…
  • FAR 15.407-4 Should-cost review.
    …ir impact on cost, the Government will be better able to develop realistic objectives for negotiation. (2) There are two types of should-cost reviews—program should-cost review (see paragraph (b) of this subsection) and overhead should-cos…
  • FAR 15.408 Solicitation provisions and contract clauses.
    …ective Certified Cost or Pricing Data. The contracting officer shall, when contracting by negotiation, insert the clause at 52.215-10, Price Reduction for Defective Certified Cost or Pricing Data, in solicitations and contracts when it is c…
  • FAR 31.205-6 Compensation for personal services.
    …rent wage rates for working without a contract or labor agreement during labor management negotiation are allowable. (3) Payments to nonunion employees based upon results of union agreement negotiation are allowable only if— (i) A formal …
  • FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions.
    …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 …
  • DFARS 215.407-5-70 Disclosure, maintenance, and review requirements.
    …able, supportable, documented, and timely cost estimates that are an acceptable basis for negotiation of fair and reasonable prices; (iii) Is consistent with and integrated with the contractor's related management systems; and (iv) Is sub…
  • FAR 3.104-2 General.
    …ts of any person with whom the employee is seeking employment. An employee who engages in negotiations or is otherwise seeking employment with an offeror or who has an arrangement concerning future employment with an offeror must comply wit…
  • FAR 14.202-4 Bid samples.
    …described in the specification, products should be acquired by two-step sealed bidding or negotiation, as appropriate. (c) Justification. The reasons why acceptable products cannot be acquired without the submission of bid samples shall be…
  • FAR 31.205-18 Independent research and development and bid and proposal costs.
    …n setting forth the amount of deferred IR&D costs that are allocable to the contract. The negotiation memorandum will state the circumstances pertaining to the case and the reason for accepting the deferred costs. (e) Cooperative arrangeme…
  • FAR 35.017-1 Sponsoring agreements.
    …ance agreement if cost-type contracts are used; and (2) Considerations which will affect negotiation of fees where payment of fees is determined by the sponsor(s) to be appropriate. (e) The term of the agreement will not exceed 5 years, b…
  • FAR 37.115-2 General policy.
    …l expertise required to fulfill the Government's requirements (see 15.305 for competitive negotiations and 15.404-1(d) for cost realism analysis). When acquiring these services, contracting officers must conduct a risk assessment and evalua…
  • FAR 49.105 Duties of termination contracting officer after issuance of notice of termination.
    …or interim financing in the nature of partial payments; (13) Tentative time schedule for negotiation of the settlement, including submission by the contractor and subcontractors of settlement proposals, termination inventory schedules, and…
  • FAR 49.603-1 Fixed-price contracts—complete termination.
    …] (i) All rights and liabilities, if any, of the parties, as to matters covered by any renegotiation authority. (ii) All rights of the Government to take the benefit of agreements or judgments affecting royalties paid or payable in connec…
  • FAR 49.603-3 Cost-reimbursement contracts—complete termination, if settlement includes cost.
    …] (i) All rights and liabilities, if any, of the parties, as to matters covered by any renegotiation authority. (ii) All rights of the Government to take the benefit of agreements or judgments affecting royalties paid or payable in connec…
  • FAR 49.603-4 Cost-reimbursement contracts—complete termination, with settlement limited to fee.
    …] (i) All rights and liabilities, if any, of the parties, as to matters covered by any renegotiation authority. (ii) All rights and liabilities, if any, of the parties under those clauses inserted in the contract because of the requiremen…
  • FAR 52.216-17 Incentive Price Revision—Successive Targets.
    …es. (2) The Contractor shall also submit, to the extent that it becomes available before negotiations establishing the total firm price are concluded— (i) Supplemental statements of costs incurred after the end of the month specified in s…
  • DFARS 203.170 Business practices.
    To ensure the separation of functions for oversight, source selection, contract negotiation, and contract award, departments and agencies shall adhere to the following best practice policies: (a) Senior leaders shall not perform multiple r…
  • DFARS 232.1004 Procedures.
    …cations to contracts that already use performance-based payments financing, the basis for negotiation must include performance-based payments. The PBP analysis tool will be used in the same manner to help determine the price for the modific…
  • DFARS 247.271-3 Solicitation provisions, schedule formats, and contract clauses.
    …es, and schedules. Revise solicitation provisions and schedules, as appropriate, if using negotiation rather than sealed bidding. Overseas commands, except those in Alaska and Hawaii, may modify these clauses to conform to local practices, …
  • DFARS 252.226-7003 Drug-Free Work Force.
    …latter, the Contractor agrees that those issues that are in conflict will be a subject of negotiation at the next collective bargaining session. (End of clause)

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.