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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13 sections with “private sector performance”

  • FAR 52.207-2 Notice of Streamlined Competition.
    …nder contract or by Government performance. (b) The Government will evaluate the cost of private sector and Agency or public reimbursable performance, as provided in this solicitation and the Circular. (c) A performance decision resulting…
  • DFARS 237.102 Policy.
    …he National Defense Authorization Act for Fiscal Year 2017 (Pub. L. 114-328). (2) Public-private competitions. See PGI 207.302 for information on the Governmentwide moratorium and restrictions on public-private competitions conducted pursu…
  • FAR 2.101 Definitions.
    …the United States Government; or (ii) Has been classified by the Department of Energy as privately generated restricted data following the procedures in 10 CFR 1045.21; and (2) Must be protected against unauthorized disclosure according t…
  • DFARS 207.106 Additional requirements for major systems.
    … items or components of the system if the item or component were developed exclusively at private expense, unless the contracting officer determines that— (1) The original supplier of the item or component will be unable to satisfy program…
  • DFARS 207.503 Policy.
    … Shall include a determination that none of the functions to be performed are exempt from private sector performance, as addressed in DoD Instruction 1100.22. (S-70) Contracts for acquisition functions. (1) In accordance with 10 U.S.C. 45…
  • FAR 52.207-1 Notice of Standard Competition.
    …ified work under contract or by Government performance. (b) The Government will evaluate private sector offers, the agency tender, and public reimbursable tenders, as provided in this solicitation and the Circular. (c) A performance decis…
  • FAR 3.801 Definitions.
    …nt in an amount that is consistent with the amount normally paid for such services in the private sector. Recipient includes the contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other India…
  • FAR 8.605 Exceptions.
    …etermination that the FPI item of supply is not comparable to supplies available from the private sector that best meet the Government's needs in terms of price, quality, and time of delivery; and (2) The item is acquired in accordance wit…
  • FAR 9.105-1 Obtaining information.
    …ation. (3) Commercial sources of supplier information of a type offered to buyers in the private sector. (4) Preaward survey reports (see 9.106). (5) Other sources such as publications; suppliers, subcontractors, and customers of the pro…
  • FAR 11.101 Order of precedence for requirements documents.
    …rnment-unique standards, except where inconsistent with law or otherwise impractical. The private sector manages and administers voluntary consensus standards. Such standards are not mandated by law (e.g., industry standards such as ISO 900…
  • FAR 35.007 Solicitations.
    …iscuss that incorporates the results of independent R&D work funded by the concern in the private sector and is of interest to the Government, there should be no hesitancy to discuss it; however, the concern should be warned that the Govern…
  • FAR 37.102 Policy.
    …ct or task order that is not performance-based. (b) Agencies shall generally rely on the private sector for commercial services (see OMB Circular No. A-76, Performance of Commercial Activities and subpart 7.3). (c) Agencies shall not awar…
  • FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions.
    …nt in an amount that is consistent with the amount normally paid for such services in the private sector. Recipient includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other India…

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.