Federal Acquisition Regulation (FAR)
1.000 Scope of part
This part sets forth basic policies and general information about the Federal Acquisition Regulations System including purpose, authority, applicability, issuance, arrangement, numbering, dissemination, implementation, supplementation, maintenance, administration, and deviation. Subparts 1.2, 1.3, and 1.4 prescribe administrative procedures for maintaining the FAR System.
1.101 Purpose
The Federal Acquisition Regulations System is established for the codification and publication of uniform policies and procedures for acquisition by all executive agencies. The Federal Acquisition Regulations System consists of the Federal Acquisition Regulation (FAR), which is the primary document, and agency acquisition regulations that implement or supplement the FAR. The FAR System does not include internal agency guidance of the type described in 1.301(a)(2).
1.102 Statement of guiding principles for the Federal Acquisition System
(a) The vision for the Federal Acquisition System is to deliver on a timely basis the best value product or service to the customer, while maintaining the public’s trust and fulfilling public policy objectives. Participants in the acquisition process should work together as a team and should be empowered to make decisions within their area of responsibility.
(b) The Federal Acquisition System will—
(1) Satisfy the customer in terms of cost, quality, and timeliness of the delivered product or service by, for example—
- (i) Maximizing the use of commercial products and services;
- (ii) Using contractors who have a track record of successful past performance or who demonstrate a current superior ability to perform; and
- (iii) Promoting competition;
(2) Minimize administrative operating costs;
(3) Conduct business with integrity, fairness, and openness; and
(4) Fulfill public policy objectives.
(c) The Acquisition Team consists of all participants in Government acquisition including not only representatives of the technical, supply, and procurement communities but also the customers they serve, and the contractors who provide the products and services.
(d) The role of each member of the Acquisition Team is to exercise personal initiative and sound business judgment in providing the best value product or service to meet the customer’s needs. In exercising initiative, Government members of the Acquisition Team may assume if a specific strategy, practice, policy or procedure is in the best interests of the Government and is not addressed in the FAR, nor prohibited by law (statute or case law), Executive order or other regulation, that the strategy, practice, policy or procedure is a permissible exercise of authority.
1.105-1 Publication and code arrangement.
(a) The FAR is published in—
- (1) The daily issue of the Federal Register;
- (2) Cumulated form in the Code of Federal Regulations (CFR); and
- (3) A separate loose-leaf edition.
(b) The FAR is issued as Chapter 1 of Title 48, CFR. Subsequent chapters are reserved for agency acquisition regulations that implement or supplement the FAR (see Subpart 1.3). The CFR Staff will assign chapter numbers to requesting agencies.
(c) Each numbered unit or segment (e.g., part, subpart, section, etc.) of an agency acquisition regulation that is codified in the CFR shall begin with the chapter number. However, the chapter number assigned to the FAR will not be included in the numbered units or segments of the FAR.
1.105-2 Arrangement of regulations.
(a)General
The FAR is divided into subchapters, parts (each of which covers a separate aspect of acquisition), subparts, sections, and subsections.
(b) Numbering
(1) The numbering system permits the discrete identification of every FAR paragraph. The digits to the left of the decimal point represent the part number. The numbers to the right of the decimal point and to the left of the dash represent, in order, the subpart (one or two digits), and the section (two digits). The number to the right of the dash represents the subsection. Subdivisions may be used at the section and subsection level to identify individual paragraphs. The following example illustrates the make-up of a FAR number citation (note that subchapters are not used with citations):
Subchapter A—General
Part 1—Federal Acquisition Regulations System
- 1.1 Purpose, Authority, Issuance
- 1.2 Administration
- 1.3 Agency Acquisition Regulations
- 1.4 Deviations from the FAR
- 1.5 Agency and Public Participation
- 1.6 Career Development, Contracting Authority, and Responsibilities
- 1.7 Determinations and Findings
Part 2—Definitions of Words and Terms
- 2.1 Definitions
- 2.2 Definitions Clause
Part 3—Improper Business Practices and Personal Conflicts of Interest
- 3.1 Safeguards
- 3.2 Contractor Gratuities to Government Personnel
- 3.3 Reports of Suspected Antitrust Violations
- 3.4 Contingent Fees
- 3.5 Other Improper Business Practices
- 3.6 Contracts with Government Employees or Organizations Owned or Controlled by Them
- 3.7 Voiding and Rescinding Contracts
- 3.8 Limitations on the Payment of Funds to Influence Federal Transactions
- 3.9 Whistleblower Protections for Contractor Employees
- 3.10 Contractor Code of Business Ethics and Conduct
- 3.11 Preventing Personal Conflicts of Interest for Contractor Employees Performing Acquisition Functions
Part 4—Administrative Matters
- 4.1 Contract Execution
- 4.2 Contract Distribution
- 4.3 Paper Documents
- 4.4 Safeguarding Classified Information Within Industry
- 4.5 Electronic Commerce in Contracting
- 4.6 Contract Reporting
- 4.7 Contractor Records Retention
- 4.8 Government Contract Files
- 4.9 Taxpayer Identification Number Information
- 4.10 Contract Line Items
- 4.11 System for Award Management
- 4.12 Representations and Certifications
- 4.13 Personal Identity Verification
- 4.14 Reporting Executive Compensation and First-Tier Subcontract Awards
- 4.15 [Reserved]
- 4.16 Unique Procurement Instrument Identifiers
- 4.17 Service Contracts Inventory
- 4.18 Commercial and Government Entity Code
Subchapter B—Competition and Acquisition Planning
Part 5—Publicizing Contract Actions
- 5.1 Dissemination of Information
- 5.2 Synopses of Proposed Contract Actions
- 5.3 Synopses of Contract Awards
- 5.4 Release of Information
- 5.5 Paid Advertisements
- 5.6 Publicizing Multi-Agency Use Contracts
- 5.7 Publicizing Requirements Under the American Recovery and Reinvestment Act of 2009
Part 6—Competition Requirements
- 6.1 Full and Open Competition
- 6.2 Full and Open Competition After Exclusion of Sources
- 6.3 Other Than Full and Open Competition
- 6.4 Sealed Bidding and Competitive Proposals
- 6.5 Advocates for Competition
Part 7—Acquisition Planning
- 7.1 Acquisition Plans
- 7.2 Planning for the Purchase of Supplies in Economic Quantities
- 7.3 Contractor Versus Government Performance
- 7.4 Equipment Lease or Purchase
- 7.5 Inherently Governmental Functions
Part 8—Required Sources of Supplies and Services
- 8.1 Excess Personal Property
- 8.2 [Reserved]
- 8.3 [Reserved]
- 8.4 Federal Supply Schedules
- 8.5 Acquisition of Helium
- 8.6 Acquisition from Federal Prison Industries, Inc.
- 8.7 Acquisition from Nonprofit Agencies Employing People Who Are Blind or Severely Disabled
- 8.8 Acquisition of Printing and Related Supplies
- 8.9 [Reserved]
- 8.10 [Reserved]
- 8.11 Leasing of Motor Vehicles
Part 9—Contractor Qualifications
- 9.1 Responsible Prospective Contractors
- 9.2 Qualifications Requirements
- 9.3 First Article Testing and Approval
- 9.4 Debarment, Suspension, and Ineligibility
- 9.5 Organizational and Consultant Conflicts of Interest
- 9.6 Contractor Team Arrangements
- 9.7 Defense Production Pools and Research and Development Pools
Part 10—Market Research
Part 11—Describing Agency Needs
- 11.1 Selecting and Developing Requirements Documents
- 11.2 Using and Maintaining Requirements Documents
- 11.3 Acceptable Material
- 11.4 Delivery or Performance Schedules
- 11.5 Liquidated Damages
- 11.6 Priorities and Allocations
- 11.7 Variation in Quantity
- 11.8 Testing
Part 12—Acquisition of Commercial Items
- 12.1 Acquisition of Commercial Items—General
- 12.2 Special Requirements for the Acquisition of Commercial Items
- 12.3 Solicitation Provisions and Contract Clauses for the Acquisition of Commercial Items
- 12.4 Unique Requirements Regarding Terms and Conditions for Commercial Items
- 12.5 Applicability of Certain Laws to the Acquisition of Commercial Items and Commercially Available Off-The-Shelf Items
- 12.6 Streamlined Procedures for Evaluation and Solicitation for Commercial Items
Subchapter C—Contracting Methods and Contract Types
Part 13—Simplified Acquisition Procedures
- 13.1 Procedures
- 13.2 Actions At or Below the Micro-Purchase Threshold
- 13.3 Simplified Acquisition Methods
- 13.4 Fast Payment Procedure
- 13.5 Test Program for Certain Commercial Items
Part 14—Sealed Bidding
- 14.1 Use of Sealed Bidding
- 14.2 Solicitation of Bids
- 14.3 Submission of Bids
- 14.4 Opening of Bids and Award of Contract
- 14.5 Two-Step Sealed Bidding
Part 15—Contracting by Negotiation
- 15.1 Source Selection Processes and Techniques
- 15.2 Solicitation and Receipt of Proposals and Information
- 15.3 Source Selection
- 15.4 Contract Pricing
- 15.5 Preaward, Award, and Postaward Notifications, Protests, and Mistakes
- 15.6 Unsolicited Proposals
Part 16—Types of Contracts
- 16.1 Selecting Contract Types
- 16.2 Fixed-Price Contracts
- 16.3 Cost-Reimbursement Contracts
- 16.4 Incentive Contracts
- 16.5 Indefinite-Delivery Contracts
- 16.6 Time-and-Materials, Labor-Hour, and Letter Contracts
- 16.7 Agreements
Part 17—Special Contracting Methods
- 17.1 Multi-year Contracting
- 17.2 Options
- 17.3 [Reserved]
- 17.4 Leader Company Contracting
- 17.5 Interagency Acquisitions
- 17.6 Management and Operating Contracts
- 17.7 Interagency Acquisitions: Acquisitions by Nondefense Agencies on Behalf of the Department of Defense
Part 18—EMERGENCY ACQUISITIONS
- 18.1 Available Acquisition Flexibilities
- 18.2 Emergency Acquisition Flexibilities
Subchapter D—Socioeconomic Programs
- Part 19—Small Business Programs
- 19.1 Size Standards
- 19.2 Policies
- 19.3 Determination of Small Business Status for Small Business Programs
- 19.4 Cooperation with the Small Business Administration
- 19.5 Set-Asides for Small Business
- 19.6 Certificates of Competency and Determinations of Responsibility
- 19.7 The Small Business Subcontracting Program
- 19.8 Contracting with the Small Business Administration (The 8(a) Program)
- 19.9 [Reserved]
- 19.10 [Reserved]
- 19.11 [Reserved]
- 19.12 [Reserved]
- 19.13 Historically Underutilized Business Zone (HUBZone) Program
- 19.14 Service-Disabled Veteran-Owned Small Business Procurement Program
- 19.15 Women-Owned Small Business (WOSB) Program
Part 20—Reserved
Part 21—Reserved
Part 22—Application of Labor Laws to Government Acquisitions
- 22.1 Basic Labor Policies
- 22.2 Convict Labor
- 22.3 Contract Work Hours and Safety Standards Act
- 22.4 Labor Standards for Contracts Involving Construction
- 22.5 Use of Project Labor Agreements for Federal Construction Projects
- 22.6 Contracts For Materials, Supplies, Articles, and Equipment Exceeding $15,000
- 22.7 [Reserved]
- 22.8 Equal Employment Opportunity
- 22.9 Nondiscrimination Because of Age
- 22.10 Service Contract Labor Standards
- 22.11 Professional Employee Compensation
- 22.12 Nondisplacement of Qualified Workers Under Service Contracts
- 22.13 Equal Opportunity for Veterans
- 22.14 Employment of Workers with Disabilities
- 22.15 Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor
- 22.16 Notification of Employee Rights Under the National Labor Relations Act
- 22.17 Combating Trafficking in Persons
- 22.18 Employment Eligibility Verification
- 22.19 Establishing a Minimum Wage for Contractors
Part 23—Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace
- 23.1 Sustainable Acquisition Policy
- 23.2 Energy and Water Efficiency and Renewable Energy
- 23.3 Hazardous Material Identification and Material Safety Data
- 23.4 Use of Recovered Materials and Biobased Products
- 23.5 Drug-Free Workplace
- 23.6 Notice of Radioactive Material
- 23.7 Contracting for Environmentally Preferable Products and Services
- 23.8 Ozone-Depleting Substances
- 23.9 Contractor Compliance with Environmental Management Systems
- 23.10 Federal Compliance with Right-to-Know Laws and Pollution Prevention Requirements
- 23.11 Encouraging Contractor Policies to Ban Text Messaging While Driving
Part 24—Protection of Privacy and Freedom of Information
- 24.1 Protection of Individual Privacy
- 24.2 Freedom of Information Act
Part 25—Foreign Acquisition
- 25.1 Buy American—Supplies
- 25.2 Buy American—Construction Materials
- 25.3 Contracts Performed Outside the United States
- 25.4 Trade Agreements
- 25.5 Evaluating Foreign Offers—Supply Contracts
- 25.6 American Recovery and Reinvestment Act—Buy American statute—Construction Materials
- 25.7 Prohibited Sources
- 25.8 Other International Agreements and Coordination
- 25.9 Customs and Duties
- 25.10 Additional Foreign Acquisition Regulations
- 25.11 Solicitation Provisions and Contract Clauses
Part 26—Other Socioeconomic Programs
- 26.1 Indian Incentive Program
- 26.2 Disaster or Emergency Assistance Activities
- 26.3 Historically Black Colleges and Universities and Minority Institutions
- 26.4 Food Donations to Nonprofit Organizations
Subchapter E—General Contracting Requirements
Part 27—Patents, Data, and Copyrights
- 27.1 General
- 27.2 Patents and Copyrights
- 27.3 Patent Rights under Government Contracts
- 27.4 Rights in Data and Copyrights
- 27.5 Foreign License and Technical Assistance Agreements
Part 28—Bonds and Insurance
- 28.1 Bonds and Other Financial Protections
- 28.2 Sureties and Other Security for Bonds
- 28.3 Insurance
Part 29—Taxes
- 29.1 General
- 29.2 Federal Excise Taxes
- 29.3 State and Local Taxes
- 29.4 Contract Clauses
Part 30—Cost Accounting Standards Administration
- 30.1 General
- 30.2 CAS Program Requirements
- 30.3 CAS Rules and Regulations [Reserved]
- 30.4 Cost Accounting Standards [Reserved]
- 30.5 Cost Accounting Standards for Educational Institutions [Reserved]
- 30.6 CAS Administration
Part 31—Contract Cost Principles and Procedures
- 31.1 Applicability
- 31.2 Contracts with Commercial Organizations
- 31.3 Contracts with Educational Institutions
- 31.4 [Reserved]
- 31.5 [Reserved]
- 31.6 Contracts with State, Local, and Federally Recognized Indian Tribal Governments
- 31.7 Contracts with Nonprofit Organizations
Part 32—Contract Financing
- 32.1 Non-Commercial Item Purchase Financing
- 32.2 Commercial Item Purchase Financing
- 32.3 Loan Guarantees for Defense Production
- 32.4 Advance Payments for Non-Commercial Items
- 32.5 Progress Payments Based on Costs
- 32.6 Contract Debts
- 32.7 Contract Funding
- 32.8 Assignment of Claims
- 32.9 Prompt Payment
- 32.10 Performance-Based Payments
- 32.11 Electronic Funds Transfer
Part 33—Protests, Disputes, and Appeals
- 33.1 Protests
- 33.2 Disputes and Appeals
Subchapter F—Special Categories of Contracting
Part 34—Major System Acquisition
- 34.0 General
- 34.1 Testing, Qualification and Use of Industrial Resources Developed Under Title III, Defense Production Act
- 34.2 Earned Value Management System
Part 35—Research and Development Contracting
Part 36—Construction and Architect-Engineer Contracts
- 36.1 General
- 36.2 Special Aspects of Contracting for Construction
- 36.3 Two-Phase Design-Build Selection Procedures
- 36.4 [Reserved]
- 36.5 Contract Clauses
- 36.6 Architect-Engineer Services
- 36.7 Standard and Optional Forms for Contracting for Construction, Architect-Engineer Services, and Dismantling, Demolition, or Removal of Improvements
Part 37—Service Contracting
- 37.1 Service Contracts—General
- 37.2 Advisory and Assistance Services
- 37.3 Dismantling, Demolition, or Removal of Improvements
- 37.4 Nonpersonal Health Care Services
- 37.5 Management Oversight of Service Contracts
- 37.6 Performance-Based Acquisition
Part 38—Federal Supply Schedule Contracting
- 38.1 Federal Supply Schedule Program
- 38.2 Establishing and Administering Federal Supply Schedules
Part 39—Acquisition of Information Technology
- 39.1 General
- 39.2 Electronic and Information Technology
Part 40—Reserved
Part 41—Acquisition of Utility Services
- 41.1 General
- 41.2 Acquiring Utility Services
- 41.3 Requests for Assistance
- 41.4 Administration
- 41.5 Solicitation Provision and Contract Clauses
- 41.6 Forms
- 41.7 Formats
Subchapter G—Contract Management
Part 42—Contract Administration and Audit Services
- 42.1 Contract Audit Services
- 42.2 Contract Administration Services
- 42.3 Contract Administration Office Functions
- 42.4 Correspondence and Visits
- 42.5 Postaward Orientation
- 42.6 Corporate Administrative Contracting Officer
- 42.7 Indirect Cost Rates
- 42.8 Disallowance of Costs
- 42.9 Bankruptcy
- 42.10 [Reserved]
- 42.11 Production Surveillance and Reporting
- 42.12 Novation and Change-of-Name Agreements
- 42.13 Suspension of Work, Stop-Work Orders, and Government Delay of Work
- 42.14 [Reserved]
- 42.15 Contractor Performance Information
- 42.16 Small Business Contract Administration
- 42.17 Forward Pricing Rate Agreements
Part 43—Contract Modifications
- 43.1 General
- 43.2 Change Orders
- 43.3 Forms
Part 44—Subcontracting Policies and Procedures
- 44.1 General
- 44.2 Consent to Subcontracts
- 44.3 Contractors’ Purchasing Systems Reviews
- 44.4 Subcontracts for Commercial Items and Commercial Components
Part 45—Government Property
- 45.1 General
- 45.2 Solicitation and Evaluation Procedures
- 45.3 Authorizing the Use and Rental of Government Property
- 45.4 Title to Government Property
- 45.5 Support Government Property Administration
- 45.6 Reporting, Reutilization, and Disposal
Part 46—Quality Assurance
- 46.1 General
- 46.2 Contract Quality Requirements
- 46.3 Contract Clauses
- 46.4 Government Contract Quality Assurance
- 46.5 Acceptance
- 46.6 Material Inspection and Receiving Reports
- 46.7 Warranties
- 46.8 Contractor Liability for Loss of or Damage to Property of the Government
Part 47—Transportation
- 47.1 General
- 47.2 Contracts for Transportation or for Transportation-Related Services
- 47.3 Transportation in Supply Contracts
- 47.4 Air Transportation by U.S.-Flag Carriers
- 47.5 Ocean Transportation by U.S.-Flag Vessels
Part 48—Value Engineering
- 48.1 Policies and Procedures
- 48.2 Contract Clauses
Part 49—Termination of Contracts
- 49.1 General Principles
- 49.2 Additional Principles for Fixed-Price Contracts Terminated for Convenience
- 49.3 Additional Principles for Cost-Reimbursement Contracts Terminated for Convenience
- 49.4 Termination for Default
- 49.5 Contract Termination Clauses
- 49.6 Contract Termination Forms and Formats
Part 50—Extraordinary Contractual Actions and the safety act
- 50.1 Extraordinary Contractual Actions
- 50.2 Support Anti-terrorism by Fostering Effective Technologies Act of 2002
Part 51—Use of Government Sources by Contractors
- 51.1 Contractor Use of Government Supply Sources
- 51.2 Contractor Use of Interagency Fleet Management System (IFMS) Vehicles
Subchapter H—Clauses and Forms
Part 52—Solicitation Provisions and Contract Clauses
- 52.1 Instructions for Using Provisions and Clauses
- 52.2 Text of Provisions and Clauses
- 52.3 Provision and Clause Matrix
Part 53—Forms
- 53.1 General
- 53.2 Prescription of Forms
- 53.3 Illustration of Forms