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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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142 sections with “prospective contractor”: 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 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 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 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 52.102 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…
  • 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 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…
  • 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 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…
  • 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 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 9.105-2 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 9.204 Responsibilities for establishment of a qualification requirement.
    … of time, considering the duration and dollar value of anticipated future requirements. A prospective contractor requesting the United States to bear testing and evaluation costs must certify as to its status as a small business concern und…
  • FAR 9.206-1 General.
    …rement and establish an allowable time period, consistent with delivery requirements, for prospective offerors to demonstrate their abilities to meet the standards specified for qualification. The notice shall be publicized in accordance wi…
  • FAR 15.203 Requests for proposals.
    …sals (RFPs) are used in negotiated acquisitions to communicate Government requirements to prospective contractors and to solicit proposals. RFPs for competitive acquisitions shall, at a minimum, describe the— (1) Government's requirement; …
  • FAR 15.403-4 Requiring certified cost or pricing data (10 U.S.C. chapter 271 and 41 U.S.C. chapter 35).
    …ost or pricing data are required, the contracting officer shall require the contractor or prospective contractor to submit to the contracting officer (and to have any subcontractor or prospective subcontractor submit to the prime contractor…
  • FAR 15.407-1 Defective certified cost or pricing data.
    …rrent, the contracting officer shall immediately bring the matter to the attention of the prospective contractor, whether the defective data increase or decrease the contract price. The contracting officer shall consider any new data submit…
  • 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 22.1008-2 Successorship with incumbent contractor collective bargaining agreement.
    …r contractor must pay wages and fringe benefits (including accrued wages and benefits and prospective increases) to service employees at least equal to those agreed upon by a predecessor contractor under the following conditions: (1) The s…
  • FAR 27.304-1 General.
    …fit organization. If an agency has reason to question the size or nonprofit status of the prospective contractor, the agency may require the prospective contractor to furnish evidence of its nonprofit status or may file a size protest in ac…
  • FAR 47.202 Presolicitation planning.
    …2.10); (b) The possible requirement to provide, during the solicitation period, time for prospective offerors or contractors to inspect origin and destination locations; or (c) The possible requirement for inspection by agency personnel o…
  • FAR 47.305-3 F.o.b. origin solicitations.
    …stablishing the basis on which offers will be evaluated. (g)(1) When it is believed that prospective contractors are likely to include in f.o.b. origin offers a contingency to compensate for what may be an unfavorable routing condition by …

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.