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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18 sections with “preaward determination”

  • FAR 25.203 Preaward determinations.
    (a) For any acquisition, an offeror may request from the contracting officer a determination concerning the inapplicability of the Buy American statute for specifically identified construction materials. The time for submitting the request …
  • FAR 25.604 Preaward determination concerning the inapplicability of section 1605 of the Recovery Act or the Buy American statute.
    (a) For any acquisition, an offeror may request from the contracting officer a determination concerning the inapplicability of section 1605 of the Recovery Act or the Buy American statute for specifically identified construction materials. …
  • FAR 9.106-1 Conditions for preaward surveys.
    (a) A preaward survey is normally required only when the information on hand or readily available to the contracting officer, including information from commercial sources, is not sufficient to make a determination regarding responsibility.…
  • FAR 9.105-2 Determinations and documentation.
    … reports supporting a determination of responsibility or nonresponsibility, including any preaward survey reports, the use of FAPIIS information (see 9.104-6), and any applicable Certificate of Competency, must be included in the contract f…
  • FAR 15.503 Notifications to unsuccessful offerors.
    (a) Preaward notices—(1) Preaward notices of exclusion from competitive range. The contracting officer shall notify offerors promptly in writing when their proposals are excluded from the competitive range or otherwise eliminated from the c…
  • FAR 4.803 Contents of contract files.
    …r annotated. (11) Contractor's representations and certifications (see 4.1201(c)). (12) Preaward survey reports or reference to previous preaward survey reports relied upon. (13) Source selection documentation. (14) Contracting officer'…
  • FAR 9.105-1 Obtaining information.
    …information regarding the responsibility of prospective contractors, including requesting preaward surveys when necessary (see 9.106), promptly after a bid opening or receipt of offers. However, in negotiated contracting, especially when re…
  • FAR 15.408 Solicitation provisions and contract clauses.
    …h it is anticipated that certified cost or pricing data will be required or for which any preaward or postaward cost determinations will be subject to part 31. (h) Facilities Capital Cost of Money. The contracting officer shall insert the …
  • DFARS 228.370-2 General.
    …flight representative (GFR) when using the clauses at 252.228-7001 and 252.228-7007. (b) Preaward survey. Before awarding any contract using the clause at 252.228-7001, Ground and Flight Risk, the contracting officer should obtain a preawa…
  • FAR 2.101 Definitions.
    …ssigned postaward functions related to the administration of contracts; and (2) Assigned preaward functions. Contract clause or clause means a term or condition used in contracts or in both solicitations and contracts, and applying after …
  • DFARS 212.301 Solicitation provisions and contract clauses for the acquisition of commercial products and commercial services.
    …), to comply with 10 U.S.C. 3781-3786. (E) Use the provision at 252.227-7040, Additional Preaward Requirements for Small Business Technology Transfer Program, as prescribed in 227.7104-4(c)(1). (F) Use the clause at 252.227-7041, Addition…
  • FAR 9.101 Definitions.
    … or, if there is no such office, another organization designated by the agency to conduct preaward surveys.
  • FAR 15.404-2 Data to support proposal analysis.
    …l audit report shall be issued. (2) The contracting officer shall not request a separate preaward audit of indirect costs unless the information already available from an existing audit, completed within the preceding 12 months, is conside…
  • FAR 19.602-1 Referral.
    … (iii) Abstract of bids or the contracting officer's price negotiation memorandum. (iv) Preaward survey. (v) Technical data package (including drawings, specifications and statement of work). (vi) Any other justification and documentati…
  • FAR 42.302 Contract administration functions.
    …reporting of potential and actual slippages in contract delivery schedules. (32) Perform preaward surveys (see Subpart 9.1). (33) Advise and assist contractors regarding their priorities and allocations responsibilities and assist contrac…
  • DFARS 215.404-71-4 Facilities capital employed.
    …st of money by that same rate to determine the contract facilities capital employed. (d) Preaward facilities capital applications. To establish cost and price objectives, apply the facilities capital cost of money and capital employed as f…
  • DFARS 232.072-1 Required financial reviews.
    …view— (a) Prior to award of a contract, when— (1) The contractor is on a list requiring preaward clearance or other special clearance before award; (2) The contractor is listed on the Consolidated List of Contractors Indebted to the Gove…
  • DFARS 253.209-1 Responsible prospective contractors.
    (a) SF 1403, Preaward Survey of Prospective Contractor (General). (i) The factors in Section III, Block 19, generally mean— (A) Technical capability. An assessment of the prospective contractor's key management personnel to determine if th…

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.