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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176 sections with “prospective contract”: the first 40

  • FAR 53.209-1 Responsible prospective contractors.
    The following forms are prescribed for use in conducting preaward surveys of prospective contractors, as specified in 9.106-1, 9.106-2, and 9.106-4. These forms are authorized for local reproduction and can be found at the GSA Forms Library…
  • 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 9.104-4 Subcontractor responsibility.
    (a) Generally, prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors (but see 9.405 and 9.405-2 regarding debarred, ineligible, or suspended firms). Determinations of prospectiv…
  • FAR 15.408 Solicitation provisions and contract clauses.
    …organizations (see subpart 31.2). (i) Waiver of Facilities Capital Cost of Money. If the prospective contractor does not propose facilities capital cost of money in its offer, the contracting officer shall insert the clause at 52.215-17, W…
  • FAR 52.214-6 Explanation to Prospective Bidders.
    As prescribed in 14.201-6(c)(2), insert the following provision: Explanation to Prospective Bidders (APR 1984) Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must requ…
  • FAR 52.228-12 Prospective Subcontractor Requests for Bonds.
    As prescribed in 28.106-4(b), use the following clause: Prospective Subcontractor Requests for Bonds (DEC 2022) In accordance with section 806(a)(3) of Pub. L. 102-190, as amended by sections 2091 and 8105 of Pub. L. 103-355 (10 U.S.C. 46…
  • FAR 2.101 Definitions.
    …ctual, not judgmental; and are verifiable. While they do not indicate the accuracy of the prospective contractor's judgment about estimated future costs or projections, they do include the data forming the basis for that judgment. Cost or p…
  • FAR 3.603 Responsibilities of the contracting officer.
    …tion under 3.602 if— (1) The contracting officer knows, or has reason to believe, that a prospective contractor is one to which award is otherwise prohibited under 3.601; and (2) There is a most compelling reason to make an award to that …
  • FAR 9.104-3 Application of standards.
    (a) Ability to obtain resources. Except to the extent that a prospective contractor has sufficient resources or proposes to perform the contract by subcontracting, the contracting officer shall require acceptable evidence of the prospective…
  • FAR 9.105-1 Obtaining information.
    …contracting officer shall possess or obtain information sufficient to be satisfied that a prospective contractor currently meets the applicable standards in 9.104. (b)(1) Generally, the contracting officer shall obtain information regardin…
  • FAR 9.106-4 Reports.
    …The surveying activity shall complete the applicable parts of SF 1403, Preaward Survey of Prospective Contractor (General); SF 1404, Preaward Survey of Prospective Contractor—Technical; SF 1405, Preaward Survey of Prospective Contractor—Pro…
  • FAR 15.404-4 Profit.
    …clude any facilities capital cost of money included in the cost objective amounts. If the prospective contractor fails to identify or propose facilities capital cost of money in a proposal for a contract that will be subject to the cost pri…
  • FAR 19.507 Solicitation provisions and contract clauses.
    …tract or order level; (2) Using the HUBZone price evaluation preference. However, if the prospective contractor waived the use of the price evaluation preference, or is an other than small business, do not insert the clause in the resultan…
  • FAR 52.102 Incorporating provisions and clauses.
    …Government of fill-in material (see 52.104); or (4) Require completion by the offeror or prospective contractor. This instruction also applies to provisions completed as annual representations and certifications. (b) Except for provisions…
  • DFARS 215.404-71-3 Contract type risk and working capital adjustment.
    …ks 24a and 24b and insert the totals in Block 24c. (4) Only complete this block when the prospective contract is a fixed-price contract containing provisions for progress payments. (5) Insert the amount computed per paragraph (e) of this …
  • FAR 9.103 Policy.
    (a) Purchases shall be made from, and contracts shall be awarded to, responsible prospective contractors only. (b) No purchase or award shall be made unless the contracting officer makes an affirmative determination of responsibility. In t…
  • FAR 9.703 Contracting with individual pool members.
    …ement, along with other factors, in determining whether that pool member is a responsible prospective contractor under subpart 9.1.
  • FAR 15.407-2 Make-or-buy programs.
    …s. (c) Acquisitions requiring make-or-buy programs. (1) Contracting officers may require prospective contractors to submit make-or-buy program plans for negotiated acquisitions requiring certified cost or pricing data whose estimated value…
  • FAR 16.205 Fixed-price contracts with prospective price redetermination.
  • FAR 27.202-5 Solicitation provisions and contract clause.
    …rnate I. (b) If the Government is obligated to pay a royalty on a patent involved in the prospective contract, insert in the solicitation a provision substantially the same as the provision at 52.227-7, Patents—Notice of Government License…
  • FAR 32.107 Need for contract financing not a deterrent.
    (a) If the contractor or offeror meets the standards prescribed for responsible prospective contractors at 9.104, the contracting officer shall not treat the contractor's need for contract financing as a handicap for a contract award; e.g.,…
  • DFARS 232.072 Financial responsibility of contractors.
    …cies and procedures in this section in determining the financial capability of current or prospective contractors.
  • FAR 9.104-1 General standards.
    To be determined responsible, a prospective contractor must— (a) Have adequate financial resources to perform the contract, or the ability to obtain them (see 9.104-3(a)); (b) Be able to comply with the required or proposed delivery or pe…
  • FAR 9.106-1 Conditions for preaward surveys.
    …justify its cost. (b) When a cognizant contract administration office becomes aware of a prospective award to a contractor about which unfavorable information exists and no preaward survey has been requested, it shall promptly obtain and t…
  • FAR 9.506 Procedures.
    (a) If information concerning prospective contractors is necessary to identify and evaluate potential organizational conflicts of interest or to develop recommended actions, contracting officers should first seek the information from within…
  • FAR 11.201 Identification and availability of specifications.
    …pt when— (1) The requirements document must be furnished with the solicitation to enable prospective contractors to make a competent evaluation of the solicitation; (2) In the judgment of the contracting officer, it would be impracticable…
  • FAR 14.211 Release of acquisition information.
    …d to those having a legitimate interest. Releases of information shall be made (1) to all prospective bidders, and (2) as nearly as possible at the same time, so that one prospective bidder shall not be given unfair advantage over another. …
  • FAR 15.404-3 Subcontract pricing considerations.
    … as appropriate, during source selection and negotiations. (5) If there is more than one prospective subcontractor for any given work, the contractor need only submit to the Government certified cost or pricing data for the prospective sub…
  • FAR 42.402 Visits to contractors' facilities.
    …ng any information from the contractor relating to contract administration functions, the prospective visitor shall identify the information in sufficient detail so as to permit the CAO, after consultation with the contractor and the cogniz…
  • FAR 52.203-6 Restrictions on Subcontractor Sales to the Government.
    …rovided in (b) below, the Contractor shall not enter into any agreement with an actual or prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to t…
  • FAR 52.204-13 System for Award Management Maintenance.
    … “Active”. System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistanc…
  • FAR 52.216-5 Price Redetermination—Prospective.
    As prescribed in 16.205-4, insert the following clause: Price Redetermination—Prospective (JAN 2022) (a) General. The unit prices and the total price stated in this contract shall be periodically redetermined in accordance with this claus…
  • FAR 52.222-41 Service Contract Labor Standards.
    …loyed under the predecessor contract, including accrued wages and fringe benefits and any prospective increases in wages and fringe benefits provided for under such agreement. No Contractor or subcontractor under this contract may be reliev…
  • DFARS 225.7302 Preparation of letter of offer and acceptance.
    … responsible for preparing the Letter of Offer and Acceptance (LOA) by— (1) Working with prospective contractors to— (i) Identify, in advance of the LOA, any unusual provisions or deviations (such as those requirements for Pseudo LOAs ide…
  • DFARS 252.215-7010 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data.
    …ation shall be provided in the form in which it is regularly maintained by the Offeror or prospective subcontractor in its business operations. (3) If the Offeror redacts data that identifies the customer (see DFARS 234.7002(e)(2)), then t…
  • FAR 1.102-2 Performance standards.
    …judgment, and comply with applicable laws and regulations in dealing with contractors and prospective contractors. All contractors and prospective contractors shall be treated fairly and impartially but need not be treated the same. (d) Fu…
  • FAR 3.502-2 Subcontractor kickbacks.
    …ctices that document unethical or illegal behavior and make such information available to prospective employers); and (2) Cooperate fully with any Federal agency investigating a possible violation of the Kickbacks statute. (j) Notwithstan…
  • FAR 9.105-2 Determinations and documentation.
    … (1) The contracting officer's signing of a contract constitutes a determination that the prospective contractor is responsible with respect to that contract. When an offer on which an award would otherwise be made is rejected because the p…
  • FAR 9.105-3 Disclosure of preaward information.
    …e preaward survey report) accumulated for purposes of determining the responsibility of a prospective contractor shall not be released or disclosed outside the Government. (b) The contracting officer may discuss preaward survey information…
  • FAR 9.106-2 Requests for preaward surveys.
    The contracting officer's request to the surveying activity (Preaward Survey of Prospective Contractor (General), SF 1403) shall— (a) Identify additional factors about which information is needed; (b) Include the complete solicitation pac…

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.