# FEDERAL ACQUISITION REGULATION

## GENERAL STRUCTURE

These files are updated through FAC 90-36

### Subchapter a - General

Part 1 - Federal Acquisition Regulations System

Part 2 - Definitions of Words and Terms

Part 3 - Improper Business Practices and Personal Conflicts of Interest

Part 4 - Administrative Matters

### Subchapter b - Competition and Acquisition Planning

Part 5 - Publicizing Contract Actions

Part 6 - Competition Requirements

Part 7 - Acquisition Planning

Part 8 - Required Sources of Supplies and Services

Part 9 - Contractor Qualifications

Part 10 - Market Research

Part 11 - Describing Agency Needs

Part 12 - Acquisition of Commercial Items

### Subchapter c - Contracting Methods and Contract Types

Part 13 - Simplified Acquisition Procedures

Part 14 - Sealed Bidding

Part 15 - Contracting by Negotiation

Part 16 - Types of Contracts

Part 17 - Special Contracting Methods

Part 18 - [Reserved]

### Subchapter d - Socioeconomic Programs

Part 19 - Small Business Programs

Part 20 - [Reserved]

Part 21 - [Reserved]

Part 22 - Application of Labor Laws to Government Acquisitions

Part 23 - Environment, Conservation, Occupational Safety, and Drug-Free Workplace

Part 24 - Protection of Privacy and Freedom of Information

Part 25 - Foreign Acquisition

Part 26 - Other Socioeconomic Programs

### Subchapter e - General Contracting Requirements

Part 27 - Patents, Data, and Copyrights

Part 28 - Bonds and Insurance

Part 29 - Taxes

Part 30 - Cost Accounting Standards Administration

Part 31 - Contract Cost Principles and Procedures

Part 32 - Contract Financing

Part 33 - Protests, Disputes, and Appeals

### Subchapter f - Special Categories of Contracting

Part 34 - Major System Acquisition

Part 35 - Research and Development Contracting

Part 36 - Construction and Architect-Engineer Contracts

Part 37 - Service Contracting

Part 38 - Federal Supply Schedule Contracting

Part 39 - Acquisition of Information Resources

Part 40 - [Reserved]

Part 41 - Acquisition of Utility Services

### Subchapter g - Contract Management

Part 42 - Contract Administration

Part 43 - Contract Modifications

Part 44 - Subcontracting Policies and Procedures

Part 45 - Government Property

Part 46 - Quality Assurance

Part 47 - Transportation

Part 48 - Value Engineering

Part 49 - Termination of Contracts

Part 50 - Extraordinary Contractual Actions

Part 51 - Use of Government Sources by Contractors

### Subchapter h - Clauses and Forms

Part 52 - Solicitation Provisions and Contract Clauses

Part 53 - Forms

### Appendices to the far

Appendix A - Acquisition of Federal Information Processing (FIP)

Resources by Contracting

Appendix B - Cost Accounting Preambles and Regulations

Cost Accounting Standards and Cost Accounting Standards Board Rules and Regulations

Recodified by the Cost Accounting Standards Board at 48 CFR Chapter 99

Preambles

Part I--Preambles to the Cost Accounting Standards Published by the

Cost Accounting Standards Board

Part II--Preambles to the Related Rules and Regulations Published by

the Cost Accounting Standards Board

Part III--Preambles Published under the FAR System

Cost Accounting Standards Board Rules and Procedures

Index

# STRUCTURE OF THE FAR TO THE SUBPART LEVEL

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 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 Limitation on the Payment of Funds to Influence Federal Transactions

3.9 Whistleblower Protections for Contractor Employees

#### 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 Contract Files

4.9 Information Reporting to the Internal Revenue Service

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

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 Competition Advocates

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

PART 8--REQUIRED SOURCES OF SUPPLIES AND SERVICES

8.1 Excess Personal Property

8.2 Jewel Bearings and Related Items

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 Non-profit Agencies Employing People Who Are Blind or Severely Disabled

8.8 Acquisition of Printing and Related Supplies

8.9--
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 Acquiring Other Than New Material, Former Government Surplus Property and Residual Inventory

11.4 Delivery or Performance Schedules

11.5 Liquidated Damages

11.6 Priorities and Allocations

11.7 Variation in Quantity

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

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 General

13.2 Blanket Purchase Agreements

13.3 Fast Payment Procedure

13.4 Imprest Fund

13.5 Purchase Orders

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 General Requirements for Negotiation

15.2--
15.3 [Reserved]

15.4 Solicitation and Receipt of Proposals and Quotations

15.5 Unsolicited Proposals

15.6 Source Selection

15.7 Make-or-Buy Programs

15.8 Price Negotiation

15.9 Profit

15.10 Preaward, Award, and Postaward Notifications, Protests, and Mistakes

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 Multiyear Contracting

17.2 Options

17.3 [Reserved]

17.4 Leader Company Contracting

17.5 Interagency Acquisitions Under the Economy Act

17.6 Management and Operating Contracts

PART 18--[RESERVED]

SUBCHAPTER D--SOCIOECONOMIC PROGRAMS

PART 19--SMALL BUSINESS PROGRAMS

19.1 Size Standards

19.2 Policies

19.3 Determination of Status as a Small Business Concern

19.4 Cooperation with the Small Business Administration

19.5 Set-Asides for Small Business

19.6 Certificates of Competency and Determinations of Eligibility

19.7 Subcontracting with Small Business, Small Disadvantaged Business and Women-Owned Small Business Concerns

19.8 Contracting with the Small Business Administration (The 8(a) Program)

19.9 [Reserved]

19.10 Small Business Competitiveness Demonstration Program

PARTS 20--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 [Reserved]

22.6 Walsh-Healey Public Contracts Act

22.7 [Reserved]

22.8 Equal Employment Opportunity

22.9 Nondiscrimination Because of Age

22.10 Service Contract Act of 1965, as Amended

22.11 Professional Employee Compensation

22.12 [Reserved]

22.13 Special Disabled and Vietnam Era Veterans

22.14 Employment of the Handicapped

22.15 Notification of Employee Rights Concerning Payment of Union Dues or Fees

PART 23--ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE

23.1 Pollution Control and Clean Air and Water

23.2 Energy Conservation

23.3 Hazardous Material Identification and Material Safety Data

23.4 Use of Recovered Materials

23.5 Drug-Free Workplace

23.6 Notice of Radioactive Material

23.7 Contracting for Environmentally Preferable and Energy-Efficient Products and Services

23.8 Ozone-Depleting Substances

23.9 Toxic Chemical Release Reporting

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 Act--Supplies

25.2 Buy American Act--Construction Materials

25.3 Balance of Payments Program

25.4 Trade Agreements

25.5 Payment in Local Foreign Currency

25.6 Customs and Duties

25.7 Restrictions on Certain Foreign Purchases

25.8 International Agreements and Coordination

25.9 Additional Foreign Acquisition Clauses

25.10 Implementation of Sanctions Against Countries that Discriminate Against United States Products or Services in Government Procurement

PART 26--OTHER SOCIOECONOMIC PROGRAMS

26.1 Indian Incentive Program

SUBCHAPTER E--GENERAL CONTRACTING REQUIREMENTS

PART 27--PATENTS, DATA, AND COPYRIGHTS

27.1 General

27.2 Patents

27.3 Patent Rights Under Government Contracts

27.4 Rights In Data and Copyrights

27.5 [Reserved]

27.6 Foreign License and Technical Assistance Agreements

PART 28--BONDS AND INSURANCE

28.1 Bonds

28.2 Sureties

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

30.4 Cost Accounting Standards

30.5 [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 --
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

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

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 Special Aspects of Sealed Bidding in Construction Contracting

36.4 Special Procedures for Negotiation of Construction Contracts

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

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 RESOURCES

PART 40--[RESERVED]

PART 41--ACQUISITION OF UTILITY SERVICES

41.1 General

41.2 Acquiring Utility Services

41.3 Requests for Assistance or Pre-Award Contract Approval

41.4 Administration

41.5 Solicitation Provision and Contract Clauses

41.6 Forms

41.7 Formats

SUBCHAPTER G--CONTRACT MANAGEMENT

PART 42--CONTRACT ADMINISTRATION

42.1 Interagency Contract Administration and Audit Services

42.2 Assignment of Contract Administration

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 Negotiating Advance Agreements for Independent Research and Development/Bid and Proposal Costs

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 Traffic and Transportation Management

42.15 Contractor Performance Information

42.16 Small Business Contract Administration

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 Competitive Advantage

45.3 Providing Government Property to Contractors

45.4 Contractor Use and Rental of Government Property

45.5 Management of Government Property in the Possession of Contractors

45.6 Reporting, Redistribution, and Disposal of Contractor Inventory

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

50.1 General

50.2 Delegation of and Limitations on Exercise of Authority

50.3 Contract Adjustments

50.4 Residual Powers

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 Texts 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

FAC 90--32 OCTOBER 1, 1995

FEDERAL ACQUISITION REGULATION (FAR)

2 (FAC 90-32)

(FAC 90-32)FAC 90--32 OCTOBER 1, 1995

FEDERAL ACQUISITION REGULATION (FAR)

2

Structure

(FAC 90-34) 3FAC 90--34 OCTOBER 30, 1995

FEDERAL ACQUISITION REGULATION (FAR)

4FAC 90--33 OCTOBER 1, 1995

Structure

5

FEDERAL ACQUISITION REGULATION (FAR)

6 (FAC 90-33)

Structure

(FAC 90-33) 7