FAR 16.102 Policies
Section Federal Acquisition Regulation
Facts
- Citation
- FAR 16.102
- Type
- Section
- Last amended
- 87 FR 73894 Effective Dec 30, 2022
- Proposed changes
- 1
- Text as of
- FAC 2026-01
- Official text
- acquisition.gov
Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this section.
Text
(a) Contracts resulting from sealed bidding shall be firm-fixed-price contracts or fixed-price contracts with economic price adjustment.
(b) Contracts negotiated under part 15 may be of any type or combination of types that will promote the Government’s interest, except as restricted in this part (see 10 U.S.C. 3321(a) and 41 U.S.C. 3901). Contract types not described in this regulation shall not be used, except as a deviation under subpart 1.4.
(c) The cost-plus-a-percentage-of-cost system of contracting shall not be used (see 10 U.S.C. 3322(a) and 41 U.S.C. 3905(a)). Prime contracts (including letter contracts) other than firm-fixed-price contracts shall, by an appropriate clause, prohibit cost-plus-a-percentage-of-cost subcontracts (see clauses prescribed in subpart 44.2 for cost-reimbursement contracts and subparts 16.2 and 16.4 for fixed-price contracts).
(d) No contract may be awarded before the execution of any determination and findings (D&F’s) required by this part. Minimum requirements for the content of D&F’s required by this part are specified in 1.704.
Federal Register history
Proposed changes
| Proposed rule | Published | Comments |
|---|---|---|
| Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 16, 17, and 35 | Closed Oct 19, 2026No final rule found |
Sections cited
- FAR Part 15 Contracting by Negotiation
- FAR Subpart 1.4 Deviations from the FAR
- FAR Subpart 44.2 Consent to Subcontracts
- FAR Subpart 16.2 Fixed-Price Contracts
- FAR Subpart 16.4 Incentive Contracts
- FAR 1.704 Content
Quick answers
What is FAR 16.102?
FAR 16.102 is a section of the Federal Acquisition Regulation, titled "Policies".
When was FAR 16.102 last changed?
The most recent final rule on record is "Federal Acquisition Regulation: Update to Title 10 Citations" (87 FR 73894), published Dec 1, 2022 and effective Dec 30, 2022.
Are changes to FAR 16.102 proposed?
One proposed change has no final rule yet.
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