FAR 3.402 Statutory requirements
Section Federal Acquisition Regulation
Facts
- Citation
- FAR 3.402
- 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
Contractors’ arrangements to pay contingent fees for soliciting or obtaining Government contracts have long been considered contrary to public policy because such arrangements may lead to attempted or actual exercise of improper influence. In 10 U.S.C. 3321(b) and 41 U.S.C.3901, Congress affirmed this public policy but permitted certain exceptions. These statutes-
(a) Require in every negotiated contract a warranty by the contractor against contingent fees;
(b) Permit, as an exception to the warranty, contingent fee arrangements between contractors and bona fide employees or bona fide agencies; and
(c) Provide that, for breach or violation of the warranty by the contractor, the Government may annul the contract without liability or deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.
Federal Register history
Proposed changes
| Proposed rule | Published | Comments |
|---|---|---|
| Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 3 and 49 | Closed Jul 23, 2026No final rule found |
Quick answers
What is FAR 3.402?
FAR 3.402 is a section of the Federal Acquisition Regulation, titled "Statutory requirements".
When was FAR 3.402 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 3.402 proposed?
One proposed change has no final rule yet.
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