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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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54 sections with “prospective subcontractor”: the first 40

  • 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 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 52.203-6 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…
  • 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 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 9.105-1 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 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data—Modifications—Sealed Bidding.
    …t as certified in its Certificate of Current Cost or Pricing Data, (2) a subcontractor or prospective subcontractor furnished the Contractor certified cost or pricing data that were not complete, accurate, and current as certified in the Co…
  • FAR 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data.
    … as certified in its Certificate of Current Cost or Pricing Data; (2) A subcontractor or prospective subcontractor furnished the Contractor certified cost or pricing data that were not complete, accurate, and current as certified in the Co…
  • FAR 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data—Modifications.
    …t as certified in its Certificate of Current Cost or Pricing Data, (2) a subcontractor or prospective subcontractor furnished the Contractor certified cost or pricing data that were not complete, accurate, and current as certified in the Co…
  • 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 9.103 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 15.403-4 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 15.404-3 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 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 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 227.7103-7 Use and nondisclosure agreement.
    …e legend (the “Contractor”), to any person other than its subcontractors or suppliers, or prospective subcontractors or suppliers, who require these Data to submit offers for, or perform, contracts with the Recipient. The Recipient shall re…
  • 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 14.503-2 Step two.
    …mitted acceptable proposals in step one will be listed through the GPE for the benefit of prospective subcontractors (see 5.207).
  • FAR 28.106-4 Contract clause.
    …10 U.S.C. 4601 note prec.), the contracting officer shall insert the clause at 52.228-12, Prospective Subcontractor Requests for Bonds, in solicitations and contracts with respect to which a payment bond will be furnished pursuant to 40 U.S…
  • FAR 28.106-6 Furnishing information.
    … defined in subpart 2.1. Upon the written or oral request of a subcontractor/supplier, or prospective subcontractor/supplier, under a contract with respect to which a payment bond has been furnished pursuant to the Bonds statute, the contra…
  • FAR 52.227-13 Patent Rights—Ownership by the Government.
    …ain rights in the subcontractor's subject inventions. (2) In the event of a refusal by a prospective subcontractor to accept the clause, the Contractor— (i) Shall promptly submit a written notice to the Contracting Officer setting forth t…
  • FAR 52.230-5 Cost Accounting Standards—Educational Institution.
    …es of any contract or subcontract subject to CAS requirements, the change must be applied prospectively to this contract and the Disclosure Statement, if required, must be amended accordingly. If an accounting principle change mandated unde…
  • DFARS 252.215-7009 Proposal Adequacy Checklist.
    …not provided. In preparation of the offeror's checklist, offerors may elect to have their prospective subcontractors use the same or similar checklist as appropriate. Proposal Adequacy Checklist (End of provision)
  • DFARS 252.225-7032 Waiver of United Kingdom Levies—Evaluation of offers.
    … or fee. (b) In the event of difficulty in identifying levies included in a price from a prospective subcontractor, the offeror may seek advice through the Director of Procurement, United Kingdom Defence Procurement Office, British Embassy…
  • DFARS 252.225-7033 Waiver of United Kingdom levies.
    … or fee. (c) In the event of difficulty in identifying levies included in a price from a prospective subcontractor, the Contractor may seek advice through the Director of Procurement, United Kingdom Defence Procurement Office, British Emba…
  • DFARS 252.227-7025 Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends.
    …r disclose such data or software to a person other than its subcontractors, suppliers, or prospective subcontractors or suppliers, who require the data or software to submit offers for, or perform, contracts under this contract. Prior to di…
  • DFARS 252.227-7038 Patent Rights—Ownership by the Contractor (Large Business).
    …a listing of the subcontracts that have been awarded. (9) In the event of a refusal by a prospective subcontractor to accept one of the clauses specified in paragraph (l)(1) of this clause, the Contractor— (i) Shall promptly submit a writ…
  • 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 36.211 Distribution of advance notices and solicitations.
    (a) Advance notices and solicitations should be distributed to reach as many prospective offerors as practicable. Contracting officers may send notices and solicitations to organizations that maintain, without charge to the public, display …
  • FAR 52.203-16 Preventing Personal Conflicts of Interest.
    …; (ii) Other employment or financial relationships (including seeking or negotiating for prospective employment or business); and (iii) Gifts, including travel. (2) For example, financial interests referred to in paragraph (1) of this de…
  • FAR 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation.
    …f a contract in the amount of $10 million or more will result from this solicitation, the prospective Contractor and its known first-tier subcontractors with anticipated subcontracts of $10 million or more shall be subject to a preaward com…
  • 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…
  • FAR 52.230-2 Cost Accounting Standards.
    …es of any contract or subcontract subject to CAS requirements, the change must be applied prospectively to this contract and the Disclosure Statement must be amended accordingly. If the contract price or cost allowance of this contract is a…
  • 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 …
  • DFARS 252.245-7005 Management and Reporting of Government Property.
    …yees shall submit bids to the plant clearance officer prior to soliciting bids from other prospective bidders. (iv) The Contractor shall solicit bids to obtain adequate competition. Negotiated sales are subject to obtaining such competitio…
  • FAR 3.1101 Definitions.
    …; (ii) Other employment or financial relationships (including seeking or negotiating for prospective employment or business); and (iii) Gifts, including travel. (2) For example, financial interests referred to in paragraph (1) of this de…
  • FAR 9.100 Scope of subpart.
    This subpart prescribes policies, standards, and procedures for determining whether prospective contractors and subcontractors are responsible.
  • FAR 15.305 Proposal evaluation.
    …osal evaluation is an assessment of the proposal and the offeror's ability to perform the prospective contract successfully. An agency shall evaluate competitive proposals and then assess their relative qualities solely on the factors and s…
  • FAR 19.306 Protesting a firm's status as a HUBZone small business concern.
    …103. (b)(1) For sole-source procurements, SBA or the contracting officer may protest the prospective contractor's certified HUBZone status; for all other procurements, SBA, the contracting officer, or any other interested party may protest…

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.