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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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72 sections with “other than cost-reimbursement contracts”: the first 40

  • FAR 49.603-3 Cost-reimbursement contracts—complete termination, if settlement includes cost.
    …ld to third parties, returned to suppliers, delivered to or stored for the Government, or otherwise properly accounted for, and that all proceeds and retention credits have been used in arriving at this agreement. (2) The Contractor certif…
  • FAR 49.603-4 Cost-reimbursement contracts—complete termination, with settlement limited to fee.
    …are costs to be covered later by a separate settlement agreement.] (4) Regardless of any other provision of this agreement, the following rights and liabilities of the parties under the contract are reserved: [The following list of reserv…
  • FAR 31.105 Construction and architect-engineer contracts.
    …l 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 except those exempted under OM…
  • FAR 49.603-5 Cost-reimbursement contracts—partial termination.
    …ns, (iii) quantity terminated, (iv) unit and total price of terminated items, and (v) any other explanation necessary to avoid uncertainty or misunderstanding]. (2) The fee stated in the contract is decreased by $__________, from $________…
  • FAR 52.232-27 Prompt Payment for Construction Contracts.
    …lowing clause: Prompt Payment for Construction Contracts (JAN 2017) Notwithstanding any other payment terms in this contract, the Government will make invoice payments under the terms and conditions specified in this clause. The Governmen…
  • FAR 52.246-3 Inspection of Supplies—Cost-Reimbursement.
    …ities and assistance for the safe and convenient performance of these duties. (e) Unless otherwise specified in the contract, the Government shall accept supplies as promptly as practicable after delivery, and supplies shall be deemed acce…
  • FAR 52.246-8 Inspection of Research and Development—Cost-Reimbursement.
    … for research and development when (a) the primary objective is the delivery of end items other than designs, drawings, or reports, and (b) a cost-reimbursement contract is contemplated; unless use of the clause is impractical and the claus…
  • FAR 52.249-6 Termination (Cost-Reimbursement).
    … (i) the fabricated or unfabricated parts, work in process, completed work, supplies, and other material produced or acquired for the work terminated, (ii) the completed or partially completed plans, drawings, information, and other propert…
  • DFARS 216.601 Time-and-materials contracts.
    …etermination and findings shall contain sufficient facts and rationale to justify that no other contract type is suitable. At a minimum, the determination and findings shall— (1) Include a description of the market research conducted; (2)…
  • FAR 46.308 Cost-reimbursement research and development contracts.
    …d development when (a) the primary objective of the contract is the delivery of end items other than designs, drawings, or reports, and (b) a cost-reimbursement contract is contemplated; unless use of the clause is impractical and the claus…
  • FAR 47.104-3 Cost-reimbursement contracts.
    (a) 49 U.S.C. 10721 and 13712 rates may be applied to shipments other than those made by the Government if the total benefit accrues to the Government, i.e., the Government shall pay the charges or directly and completely reimburse the part…
  • FAR 52.244-2 Subcontracts.
    …otal estimated cost of the contract; or (ii) For a contract awarded by a civilian agency other than the Coast Guard and the National Aeronautics and Space Administration, either the simplified acquisition threshold, as defined in FAR 2.101…
  • FAR 31.103 Contracts with commercial organizations.
    … 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 local governments (see 31.107)…
  • 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 7.103 Agency-head responsibilities.
    … as the acquisition becomes more complex and costly, including for cost-reimbursement and other high-risk contracts (e.g., other than firm-fixed-price contracts) requiring a written acquisition plan. A written plan shall be prepared for cos…
  • 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 16.103 Negotiating contract type.
    …le degree of certainty. However, when a reasonable basis for firm pricing does not exist, other contract types should be considered, and negotiations should be directed toward selecting a contract type (or combination of types) that will ap…
  • 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 32.905 Payment documentation and process.
    …s as close as possible to the date of mailing or transmission.) (iii) Contract number or other authorization for supplies delivered or services performed (including order number and line item number). (iv) Description, quantity, unit of m…
  • FAR 42.302 Contract administration functions.
    …contracts. (23) Negotiate prices and execute supplemental agreements for spare parts and other items selected through provisioning procedures when prescribed by agency acquisition regulations. (24) Negotiate and execute contractual docume…
  • FAR 46.407 Nonconforming supplies or services.
    … can be accomplished within the required delivery schedule. Unless the contract specifies otherwise (as may be the case in some cost-reimbursement contracts), correction or replacement must be without additional cost to the Government. Subp…
  • FAR 49.112-1 Partial payments.
    …proving any partial payment, the TCO shall obtain any desired accounting, engineering, or other specialized reviews of the data submitted in support of the contractor's settlement proposal. If the reviews and the TCO's examination of the da…
  • FAR 52.216-7 Allowable Cost and Payment.
    …receives a proper payment request. In the event that the Government requires an audit or other review of a specific payment request to ensure compliance with the terms and conditions of the contract, the designated payment office is not co…
  • FAR 52.230-6 Administration of Cost Accounting Standards.
    …come applicable to existing CAS-covered contracts or subcontracts due to the receipt of another CAS-covered contract or subcontract; or (2) A prospective change to a disclosed or established cost accounting practice when the CFAO determine…
  • FAR 52.232-12 Advance Payments.
    …ting the release of any funds due and payable to the Contractor, all advance payments and other payments under this contract shall be made by check payable to the Contractor marked for deposit only in the Contractor's special account with t…
  • FAR 52.232-16 Progress Payments.
    …05-10 as an incurred cost for progress payment purposes. (2) The amount of financing and other payments for supplies and services purchased directly for the contract are limited to the amounts that have been paid by cash, check, or other f…
  • FAR 52.232-25 Prompt payment.
    …n 32.908(c), insert the following clause: Prompt Payment (JAN 2017) Notwithstanding any other payment clause in this contract, the Government will make invoice payments under the terms and conditions specified in this clause. The Governme…
  • FAR 52.245-1 Government Property.
    …Cannibalize means to remove parts from Government property for use or for installation on other Government property. Contractor-acquired property means property acquired, fabricated, or otherwise provided by the Contractor for performing a…
  • FAR 52.248-1 Value Engineering.
    …tation costs; (2) Concurrent contract savings, which are net reductions in the prices of other contracts that are definitized and ongoing at the time the VECP is accepted; and (3) Future contract savings, which are the product of the futu…
  • FAR 52.250-1 Indemnification Under Public Law 85-804.
    …ficials, as used in this clause, means directors, officers, managers, superintendents, or other representatives supervising or directing— (1) All or substantially all of the Contractor's business; (2) All or substantially all of the Contr…
  • DFARS 204.7103-1 Criteria for establishing.
    … the item is not separately priced (NSP) but the price is included in the unit price of another contract line item, enter NSP instead of the unit price; (ii) When there are associated subline items, established for other than informational…
  • 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 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 16.307 Contract clauses.
    …ations and contracts when a cost-reimbursement contract or a time-and-materials contract (other than a contract for a commercial product or commercial service) is contemplated. If the contract is a time-and-materials contract, the clause at…
  • FAR 16.405-1 Cost-plus-incentive-fee contracts.
    …ed its performance objectives, at least in general terms. This approach may also apply to other acquisitions, if the use of both cost and technical performance incentives is desirable and administratively practical. (3) The fee adjustment …
  • FAR 43.205 Contract clauses.
    …xed-price contract for supplies is contemplated. (2) If the requirement is for services, other than architect-engineer or other professional services, and no supplies are to be furnished, the contracting officer shall use the clause with i…
  • FAR 52.216-26 Payments of Allowable Costs Before Definitization.
    …5 percent of the allowable costs of those subcontractors. (3) Eighty-five percent of all other approved costs. (b) Limitation of reimbursement. To determine the amounts payable to the Contractor under this letter contract, the Contracting…
  • FAR 53.249 Termination of contracts.
    …duction except for SF 1034. (1) SF 1034 (GAO), Public Voucher for Purchases and Services Other Than Personal. (See 49.302(a).) (2) SF 1435 (Rev. 03/2016), Settlement Proposal (Inventory Basis). (See 49.602-1(a).) (3) SF 1436 (Rev. 5/2004…
  • DFARS 253.209-1 Responsible prospective contractors.
    …rospective contractor's ability to plan, control, and integrate manpower, facilities, and other resources necessary for successful contract completion. This includes— (1) An assessment of the prospective contractor's possession of, or the …

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.