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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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61 sections with “other than competitive procedures”: the first 40

  • DFARS 252.227-7013 Rights in Technical Data—Other Than Commercial Products and Commercial Services.
    …d in 227.7102-4(b) and 227.7103-6(a), use the following clause: Rights in Technical Data—Other Than Commercial Products and Commercial Services (Aug 2025) (a) Definitions. As used in this clause— Computer data base means a collection of …
  • DFARS 252.227-7014 Rights in Other Than Commercial Computer Software and Other Than Commercial Computer Software Documentation.
    As prescribed in 227.7203-6(a)(1), use the following clause: Rights in Other Than Commercial Computer Software and Other Than Commercial Computer Software Documentation (Aug 2025) (a) Definitions. As used in this clause— Commercial compu…
  • 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.
    As prescribed in 227.7104-4(a)(1), use the following clause: RIGHTS IN OTHER THAN COMMERCIAL TECHNICAL DATA AND COMPUTER SOFTWARE—SMALL BUSINESS INNOVATION RESEARCH PROGRAM AND SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM (AUG 2025) (a) Def…
  • FAR 19.502-3 Partial set-asides of contracts other than multiple-award contracts.
    …ements identified in this part apply; and (6) The solicitation will result in a contract other than a multiple-award contract (see 2.101 for definition of multiple-award contract). (b) When the contracting officer determines that a requir…
  • FAR 32.1004 Procedures.
    …ed payments may be made either on a whole contract or on a deliverable item basis, unless otherwise prescribed by agency regulations. Financing payments to be made on a whole contract basis are applicable to the entire contract, and not to …
  • FAR 52.215-1 Instructions to Offerors—Competitive Acquisition.
    …tiations. Time, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, …
  • DFARS 225.870-4 Contracting procedures.
    …l is obtained on any matters involving changes to the contract. (c) Requirement for data other than certified cost or pricing data. (1) DoD has waived the requirement for submission of certified cost or pricing data for the Canadian Commer…
  • FAR 42.1503 Procedures.
    …nistrative contracting office, audit office, end users of the product or service, and any other technical or business advisor, as appropriate; and (iii) Address management controls and appropriate management reviews of past performance eva…
  • DFARS 218.170 Additional acquisition flexibilities.
    … acquisition flexibilities available to DoD are as follows: (a) Circumstances permitting other than full and open competition. Use of the authority at FAR 6.302-2, Unusual and compelling urgency, may be appropriate under certain circumstan…
  • DFARS 225.7002-2 Exceptions.
    … require a domestic nonavailability determination are unacceptable. (3) Defense agencies other than the Defense Logistics Agency shall follow the procedures at PGI 225.7002-2(b)(3) when submitting a request for a domestic nonavailability d…
  • DFARS 225.7003-3 Exceptions.
    …Acquisitions in support of contingency operations. (4) Acquisitions for which the use of other than competitive procedures has been approved on the basis of unusual and compelling urgency in accordance with FAR 6.302-2. (5) Acquisitions o…
  • DFARS 225.7703-1 Acquisition procedures.
    …) Limiting competition to products or services from Afghanistan; or (3) Using procedures other than competitive procedures to award a contract to a particular source or sources from Afghanistan. When other than competitive procedures are u…
  • FAR 2.101 Definitions.
    …s the context in which the word or term is used clearly requires a different meaning or another FAR part, subpart, or section provides a different definition for the particular part or portion of the part. If a word or term that is defined …
  • FAR 3.104-1 Definitions.
    …thics official means the designated agency ethics official described in 5 CFR 2638.201 or other designated person, including— (1) Deputy ethics officials described in 5 CFR 2638.204, to whom authority under 3.104-6 has been delegated by th…
  • FAR 6.303-2 Content.
    …contracting activity, and specific identification of the document as a “Justification for other than full and open competition.” (2) Nature and/or description of the action being approved. (3) A description of the supplies or services req…
  • FAR 6.401 Sealed bidding and competitive proposals.
    …ion, and evaluation of sealed bids; (2) The award will be made on the basis of price and other price-related factors; (3) It is not necessary to conduct discussions with the responding offerors about their bids; and (4) There is reasonab…
  • FAR 8.405-2 Ordering procedures for services requiring a statement of work.
    …rs. If an unsuccessful offeror requests information on an award that was based on factors other than price alone, a brief explanation of the basis for the award decision shall be provided. (e) Use of time-and-materials and labor-hour order…
  • FAR 12.207 Contract type.
    …bpart 19.5, or competition conducted in accordance with Part 13); (B) The procedures for other than full and open competition in 6.3 provided the agency receives offers that satisfy the Government's expressed requirement from two or more r…
  • FAR 15.203 Requests for proposals.
    …evaluation approach should consider the potential impact of the alternative line items on other terms and conditions or the requirement (e.g., place of performance or payment and funding requirements) (see 15.206); (3) Information required…
  • FAR 15.306 Exchanges with offerors after receipt of proposals.
    …s not had a prior opportunity to respond; and (ii) May only be held with those offerors (other than offerors under paragraph (b)(1)(i) of this section) whose exclusion from, or inclusion in, the competitive range is uncertain; (2) May be …
  • FAR 15.404-1 Proposal analysis techniques.
    …iques and procedures described in this section may be used, singly or in combination with others, to ensure that the final price is fair and reasonable. The complexity and circumstances of each acquisition should determine the level of deta…
  • FAR 15.408 Solicitation provisions and contract clauses.
    …sulting contract. (j) Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions. The contracting officer shall insert the clause at 52.215-18, Reversion or Adjustment of Plans for Postretirement Benefits (PRB) …
  • FAR 15.505 Preaward debriefing of offerors.
    Offerors excluded from the competitive range or otherwise excluded from the competition before award may request a debriefing before award (10 U.S.C. 3305 and 41 U.S.C. 3705). (a)(1) The offeror may request a preaward debriefing by submitt…
  • FAR 16.505 Ordering.
    …t, or feature is essential to the Government's requirements and market research indicates other companies' similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency's needs. (ii) R…
  • FAR 16.601 Time-and-materials contracts.
    …cidental services for which there is not a labor category specified in the contract; (3) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.)…
  • FAR 19.302 Protesting a small business representation or rerepresentation.
    …rotests are found at 13 CFR part 121. (2) An offeror, the contracting officer, SBA, or another interested party may protest the small business representation of an offeror in a specific offer for a contract. However, for competitive 8(a) c…
  • FAR 22.504 General requirements for project labor agreements.
    …bcontractors to compete for contracts and subcontracts without regard to whether they are otherwise parties to collective bargaining agreements; (3) Contain guarantees against strikes, lockouts, and similar job disruptions; (4) Set forth …
  • FAR 22.1003-4 Administrative limitations, variations, tolerances, and exemptions.
    …mptions to and from any or all provisions of the Service Contract Labor Standards statute other than 41 U.S.C. 6707(f). These will be made only in special circumstances where it has been determined that the limitation, variation, tolerance,…
  • FAR 33.104 Protests to GAO.
    …ctly with the GAO, and (ii) provide copies of any such communication to the agency and to other participating parties when they become known. However, if the protester has identified sensitive information and requests a protective order, th…
  • FAR 41.204 GSA areawide contracts.
    … and published in a tariff or rate schedule. However, agencies are permitted to negotiate other rates and terms and conditions of service with the supplier (see paragraph (c) of this section). Rates other than those published may require th…
  • FAR 47.305-6 Shipments to ports and air terminals.
    … required to make supplies available for loading to vessel; and (v) The port and pier or other designation and, when applicable, the maximum draft of vessel (in feet) that can be accommodated. (2) When the delivery term is f.o.b. inland p…
  • FAR 52.219-9 Small Business Subcontracting Plan.
    …for which the Government has paid the prime contractor. Subcontract means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplie…
  • FAR 52.225-8 Duty-Free Entry.
    …United States means the States, the District of Columbia, and Puerto Rico. (b) Except as otherwise approved by the Contracting Officer, the Contractor shall not include in the contract price any amount for duties on supplies specifically i…
  • DFARS 215.408 Solicitation provisions and contract clauses.
    …orporation— (i)(A) Use the provision at 252.215-7003, Requirement for Submission of Data Other Than Certified Cost or Pricing Data—Canadian Commercial Corporation— (1) In lieu of 252.215-7010, Requirements for Certified Cost or Pricing Da…
  • DFARS 227.7103-5 Government rights.
    … rights. Those rights are defined in the clause at 252.227-7013, Rights in Technical Data—Other Than Commercial Products and Commercial Services. In unusual situations, the standards rights may not satisfy the Government's needs or the Gove…
  • DFARS 227.7103-13 Government right to review, verify, challenge, and validate asserted restrictions.
    …s; (ii) Have been provided to the United States without restriction; or (iii) Have been otherwise made available without restriction other than a release or disclosure resulting from the sale, transfer, or other assignment of interest in …
  • DFARS 231.205-70 External restructuring costs.
    … workforce (e.g., normal plant rearrangement or employee relocation), nor do they include other routine or ordinary activities charged as indirect costs that would otherwise have been incurred (e.g., planning and analysis, contract administ…
  • DFARS 252.227-7037 Validation of Asserted Restrictions on Technical Data.
    …a) Definitions. The terms used in this clause are defined in the Rights in Technical Data—Other Than Commercial Products and Commercial Services clause of this contract. (b) Commercial products or commercial services—presumption regarding …
  • FAR 8.405-1 Ordering procedures for supplies, and services not requiring a statement of work.
    …4(d) and 8.405-4), when determining best value, the ordering activity may consider, among other factors, the following: (1) Past performance. (2) Special features of the supply or service required for effective program performance. (3) T…
  • FAR 16.500 Scope of subpart.
    …iple awards of indefinite-quantity contracts. (b) This subpart does not limit the use of other than competitive procedures authorized by part 6. (c) Nothing in this subpart restricts the authority of the General Services Administration (G…

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.