FAR 3.401 Definitions

Section Federal Acquisition Regulation

Facts

Citation
FAR 3.401
Type
Section
Last amended
66 FR 2117 Effective Mar 12, 2001
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

As used in this subpart-

Bona fide agency means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.

Bona fide employee means a person, employed by a contractor and subject to the contractor’s supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence.

Contingent fee means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract.

Improper influence means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter.

Federal Register history

Final rule Published Effective
Federal Acquisition Regulation; Definitions 66 FR 2117 · FAC 97-22

Proposed changes

Proposed rule Published Comments
Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 3 and 49 91 FR 37698 · FAR Case 2026-007, Docket No. FAR-2026-0007, Sequence No. 1 Closed Jul 23, 2026No final rule found

Terms defined

  • Bona fide agency
  • Bona fide employee
  • Contingent fee
  • Improper influence

Quick answers

What is FAR 3.401?

FAR 3.401 is a section of the Federal Acquisition Regulation, titled "Definitions".

When was FAR 3.401 last changed?

The most recent final rule on record is "Federal Acquisition Regulation; Definitions" (66 FR 2117), published Jan 10, 2001 and effective Mar 12, 2001.

Are changes to FAR 3.401 proposed?

One proposed change has no final rule yet.

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