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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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94 sections with “negotiation procedures”: the first 40

  • 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 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 41.202 Procedures.
    …mit this document, along with statements of the reasons for the refusal and the record of negotiations, to GSA at the address specified at 41.301(a). Unless urgent and compelling circumstances exist, the contracting officer shall notify GSA…
  • 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.…
  • FAR 47.104-1 Government rate tender procedures.
    …ppropriate situations. Only personnel authorized in agency procedures may carry out these negotiations. The following are examples of situations in which negotiations for additional or revised 49 U.S.C. 10721 and 13712 rates may be appropri…
  • 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…
  • FAR 9.506 Procedures.
    …information provided by prospective contractors in response to the solicitation or during negotiations; and (3) Before awarding the contract, resolve the conflict or the potential conflict in a manner consistent with the approval or other …
  • FAR 12.203 Procedures for solicitation, evaluation, and award.
    …3, Simplified Acquisition Procedures; part 14, Sealed Bidding; or part 15, Contracting by Negotiation, as appropriate for the particular acquisition. The contracting officer may use the streamlined procedure for soliciting offers for commer…
  • 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 22.103-3 Procedures.
    …emiums or obtain the requirement from other sources. (c) When it becomes apparent during negotiations of applicable contracts (see 22.103-5(b)) that overtime will be required in contract performance, the contracting officer shall secure fr…
  • FAR 36.303 Procedures.
    …erors will submit proposals for Phase Two. One contract will be awarded using competitive negotiation.
  • FAR 50.104-3 Special procedures for unusually hazardous or nuclear risks.
    …pproval, the contracting officer shall forward the request (as modified, if necessary, by negotiation) through channels to the appropriate official specified in 50.102-1(d). The contracting officer's submission shall include all information…
  • 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 204.7603 Procedures.
    …fy the price through additional price or cost analysis. (ii) Utilizing appropriate price negotiation techniques and procedures. (iii) Using price reasonableness or price realism techniques at FAR 13.106 or 15.4. See also 215.403-3 when ma…
  • 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 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 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…
  • DFARS 249.110 Settlement negotiation memorandum.
    Follow the procedures at PGI 249.110 for preparation of a settlement negotiation memorandum.
  • 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 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 25.1002 Use of foreign currency.
    …led bidding procedures, on the date of bid opening. (2) For acquisitions conducted using negotiation procedures— (i) On the date specified for receipt of offers, if award is based on initial offers; otherwise (ii) On the date specified f…
  • 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 42.302 Contract administration functions.
    …conferences. (4) Review and evaluate contractors' proposals under subpart 15.4 and, when negotiation will be accomplished by the contracting officer, furnish comments and recommendations to that officer. (5) Negotiate forward pricing rate…
  • FAR 52.222-41 Service Contract Labor Standards.
    … employed under the predecessor contract was not entered into as a result of arm's length negotiations. Where it is found in accordance with the review procedures provided in 29 CFR 4.10 and/or 4.11 and parts 6 and 8 that some or all of the…
  • FAR 52.225-17 Evaluation of Foreign Currency Offers.
    …led bidding procedures, on the date of bid opening. (b) For acquisitions conducted using negotiation procedures— (1) On the date specified for receipt of offers, if award is based on initial offers; otherwise (2) On the date specified fo…
  • 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.…
  • DFARS 252.244-7001 Contractor Purchasing System Administration.
    …ng, including make-or-buy decisions, the selection of vendors, analysis of quoted prices, negotiation of prices with vendors, placing and administering of orders, and expediting delivery of materials. (b) General. The Contractor shall esta…
  • 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 16.103 Negotiating contract type.
    (a) Selecting the contract type is generally a matter for negotiation and requires the exercise of sound judgment. Negotiating the contract type and negotiating prices are closely related and should be considered together. The objective is …
  • FAR 36.602-5 Short selection process for contracts not to exceed the simplified acquisition threshold.
    …ficer. The report shall serve as an authorization for the contracting officer to commence negotiations in accordance with 36.606. (b) Selection by the chairperson of the board. When the board decides that formal action by the board is not …
  • FAR 52.215-1 Instructions to Offerors—Competitive Acquisition.
    …tive Acquisition (NOV 2021) (a) Definitions. As used in this provision— Discussions are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being al…
  • FAR 52.232-12 Advance Payments.
    …actor has disclosed all contingent liabilities, except for liability resulting from the renegotiation of defense production contracts, in the financial statements furnished to the administering office. (4) None of the terms in this clause …
  • 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…
  • DFARS 222.101-4 Removal of items from contractors' facilities affected by work stoppages.
    … or other mediation agency regarding the effect movement of the items would have on labor negotiations. Normally removals will not be made if they will adversely affect labor negotiations. (ii) Upon the recommendation of the labor advisor,…

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.