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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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37 sections with “substantial evidence”

  • FAR 2.101 Definitions.
    …ng agency determines the product was developed exclusively at private expense and sold in substantial quantities, on a competitive basis, to multiple State and local governments or to multiple foreign governments. Commercial service means—…
  • FAR 52.232-16 Progress Payments.
    …ncrease the rate of liquidation, or take a combination of these actions, after finding on substantial evidence any of the following conditions: (1) The Contractor failed to comply with any material requirement of this contract (which inclu…
  • FAR 32.006-4 Procedures.
    (a) In any case in which an agency's remedy coordination official finds substantial evidence that a contractor's request for advance, partial, or progress payments under a contract awarded by that agency is based on fraud, the remedy coordi…
  • FAR 52.232-12 Advance Payments.
    …se of business. (iii) The appointment of a trustee, receiver, or liquidator for all or a substantial part of the Contractor's property, or the institution of proceedings by or against the Contractor for bankruptcy, reorganization, arrangem…
  • FAR 22.406-8 Investigations.
    … agency responsibilities. Conduct an investigation when a compliance check indicates that substantial or willful violations may have occurred or violations have not been corrected. (1) The investigation must— (i) Include all aspects of th…
  • FAR 32.006-1 General.
    …r suspension of further payments to a contractor when the agency head determines there is substantial evidence that the contractor's request for advance, partial, or progress payments is based on fraud. This authority does not apply to comm…
  • FAR 32.503-6 Suspension or reduction of payments.
    …s, the contracting officer shall— (i) Act fairly and reasonably; (ii) Base decisions on substantial evidence; and (iii) Document the contract file. Findings made under paragraph (c) of the Progress Payments clause shall be in writing. (…
  • FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.
    …e time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its ass…
  • FAR 52.232-32 Performance-Based Payments.
    …any payment under the contract, or take a combination of these actions after finding upon substantial evidence any of the following conditions: (1) The Contractor failed to comply with any material requirement of this contract (which inclu…
  • FAR 52.245-1 Government Property.
    …tendents, or equivalent representatives who have supervision or direction of— (1) All or substantially all of the Contractor's business; (2) All or substantially all of the Contractor's operation at any one plant or separate location; or …
  • FAR 9.407-3 Procedures.
    …'s office, State attorney general's office, or a State or local prosecutor's office, that substantial interests of the Government in pending or contemplated legal proceedings based on the same facts as the suspension would be prejudiced, ag…
  • FAR 52.216-5 Price Redetermination—Prospective.
    … in this contract. If at any time it appears that the then-current billing prices will be substantially greater than the estimated final prices, or if the Contractor submits data showing that the redetermined price will be substantially gre…
  • FAR 52.216-6 Price Redetermination—Retroactive.
    … in this contract. If at any time it appears that the then-current billing prices will be substantially greater than the estimated final prices, or if the Contractor submits data showing that the redetermined prices will be substantially gr…
  • FAR 52.216-16 Incentive Price Revision—Firm Target.
    …e contractor under subparagraph (g)(2) below that the then-current billing prices will be substantially greater than the estimated final prices, the parties shall negotiate a reduction in the billing prices. Similarly, the parties may negot…
  • FAR 52.216-17 Incentive Price Revision—Successive Targets.
    …e contractor under subparagraph (i)(1) below that the then-current billing prices will be substantially greater than the estimated final prices, the parties shall negotiate a reduction in the billing prices. Similarly, the parties may negot…
  • FAR 52.232-7 Payments under Time-and-Materials and Labor-Hour Contracts.
    …on to believe that the total price to the Government for performing this contract will be substantially greater or less than the then stated ceiling price, the Contractor shall so notify the Contracting Officer, giving a revised estimate of…
  • FAR 52.250-1 Indemnification Under Public Law 85-804.
    …managers, superintendents, or other representatives supervising or directing— (1) All or substantially all of the Contractor's business; (2) All or substantially all of the Contractor's operations at any one plant or separate location in …
  • DFARS 252.217-7012 Liability and insurance.
    …ntractor or any of its representatives that have supervision or direction of— (A) All or substantially all of the Contractor's business; or (B) All or substantially all of the Contractor's operation at any one plant. (4) As to any risk t…
  • DFARS 252.235-7000 Indemnification Under 10 U.S.C. 3861—Fixed Price.
    …ts, or other equivalent representatives who have supervision or direction of— (i) All or substantially all of the Contractor's business; (ii) All or substantially all of the Contractor's operations at any one plant or separate location wh…
  • DFARS 252.235-7001 Indemnification Under 10 U.S.C. 3861—Cost Reimbursement.
    …ts, or other equivalent representatives who have supervision or direction of— (i) All or substantially all of the Contractor's business; (ii) All or substantially all of the Contractor's operations at any one plant or separate location wh…
  • FAR 3.903 Policy.
    …te of Federal funds; (iii) An abuse of authority relating to a Federal contract; (iv) A substantial and specific danger to public health or safety; or (v) A violation of law, rule, or regulation related to a Federal contract (including t…
  • FAR 3.907-1 Definitions.
    … of the contract or subcontract related to covered funds, gross waste of covered funds, a substantial and specific danger to public health or safety related to the implementation or use of covered funds, an abuse of authority related to the…
  • FAR 4.803 Contents of contract files.
    …n industry that SBA has designated as— (A) Underrepresented for EDWOSB concerns; or (B) Substantially underrepresented for WOSB concerns. (b) Contract administration office contract file. (1) Copy of the contract and all modifications, t…
  • FAR 9.104-4 Subcontractor responsibility.
    …y (e.g., when the prospective contract involves medical supplies, urgent requirements, or substantial subcontracting). In this case, the same standards used to determine a prime contractor's responsibility shall be used by the Government to…
  • FAR 14.407-3 Other mistakes disclosed before award.
    … made unless the existence of the mistake and the bid actually intended are ascertainable substantially from the invitation and the bid itself. (b) If (1) a bidder requests permission to withdraw a bid rather than correct it, (2) the evide…
  • FAR 16.505 Ordering.
    …8-136 (40 U.S.C. 1103 note), orders placed under multi-agency contracts for services that substantially or to a dominant extent specify performance of architect-engineer services, as defined in 2.101, shall— (i) Be awarded using the proced…
  • FAR 28.203-3 Release of security interest.
    …y release a portion of the security interest on the individual surety's assets based upon substantial performance of the contractor's obligations under its performance bond. Release of the security interest in support of a payment bond must…
  • FAR 33.103 Protests to the agency.
    …s shall be concise and logically presented to facilitate review by the agency. Failure to substantially comply with any of the requirements of paragraph (d)(2) of this section may be grounds for dismissal of the protest. (2) Protests shall…
  • FAR 33.211 Contracting officer's decision.
    …atement of the contracting officer's decision, with supporting rationale; (v) Paragraphs substantially as follows: “This is the final decision of the Contracting Officer. You may appeal this decision to the agency board of contract appeal…
  • FAR 52.215-1 Instructions to Offerors—Competitive Acquisition.
    …andpoint. Alternate II (OCT 1997). As prescribed in 15.209(a)(2), add a paragraph (c)(9) substantially the same as the following to the basic clause: (9) Offerors may submit proposals that depart from stated requirements. Such proposals s…
  • FAR 52.222-50 Combating Trafficking in Persons.
    …tion of “commercial product” at Federal Acquisition Regulation (FAR) 2.101; (ii) Sold in substantial quantities in the commercial marketplace; and (iii) Offered to the Government, under a contract or subcontract at any tier, without modif…
  • FAR 52.232-5 Payments Under Fixed-Price Construction Contracts.
    …nt of the amount of the payment until satisfactory progress is achieved. When the work is substantially complete, the Contracting Officer may retain from previously withheld funds and future progress payments that amount the Contracting Off…
  • DFARS 203.903 Policy.
    …ated to a DoD contract (including the competition for or negotiation of a contract), or a substantial and specific danger to public health or safety. Such reprisal is prohibited even if it is undertaken at the request of an executive branch…
  • DFARS 204.7302 Policy.
    … the company, and that the unauthorized use or disclosure of such information could cause substantial competitive harm to the contractor that reported the information. The Government shall protect against the unauthorized use or release of …
  • DFARS 215.404-71-4 Facilities capital employed.
    …ues apply only to those cases where the benefits of the facilities capital investment are substantially above normal. (3) Below normal conditions. (i) The contracting officer may assign a lower than normal value if the facilities capital i…
  • DFARS 252.227-7019 Validation of Asserted Restrictions—Computer Software.
    …contractor's expense or ignored; and (ii) If the asserted restriction is found not to be substantially justified, the Contractor shall be liable to the Government for payment of the cost to the Government of reviewing the asserted restrict…
  • DFARS 252.227-7037 Validation of Asserted Restrictions on Technical Data.
    …cancelled, corrected or ignored; and (ii) If the asserted restriction is found not to be substantially justified, the Contractor or subcontractor, as appropriate, shall be liable to the Government for payment of the cost to the Government …

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.