Code of Federal Regulations Title 48 - Federal Acquisition Regulations System
Title 48 of the Code of Federal Regulations (CFR), titled "Federal Acquisition Regulations System," is the comprehensive and highly detailed set of regulations governing how the U.S. federal government acquires goods and services. It dictates the policies and procedures that all executive agencies must follow when conducting procurements.
Purpose of Title 48 CFR - Federal Acquisition Regulations System (FARS):
The primary purpose of FARS, as codified in Title 48, is to:
Establish Uniformity: Provide a consistent set of rules for acquisition across all executive agencies of the federal government, promoting fairness, transparency, and efficiency.
Ensure Best Value: Guide federal agencies in obtaining the best value products and services for the taxpayer, considering factors like cost, quality, and timeliness.
Promote Competition: Encourage full and open competition in federal contracting, unless specific exceptions apply.
Integrity and Ethics: Set forth ethical standards and principles to prevent improper business practices, conflicts of interest, and fraud in government contracting.
Public Policy Objectives: Integrate various public policy objectives into the acquisition process, such as supporting small businesses, promoting environmental sustainability, ensuring labor law compliance, and protecting cybersecurity.
Transparency and Openness: Ensure that the acquisition process is conducted with integrity, fairness, and openness.
Structure of Title 48 CFR:
Title 48 is uniquely structured to accommodate both government-wide regulations and agency-specific implementations/supplements:
Chapter 1: Federal Acquisition Regulation (FAR)
This is the cornerstone of Title 48. The FAR (often cited simply as "FAR") comprises the core, government-wide acquisition regulations. It is jointly issued by the General Services Administration (GSA), the Department of Defense (DoD), and the National Aeronautics and Space Administration (NASA), and is binding on all executive agencies.
The FAR is organized into Parts 1 through 53, each covering a specific aspect of the acquisition process (e.g., Part 2: Definitions of Words and Terms; Part 3: Improper Business Practices and Personal Conflicts of Interest; Part 15: Contracting by Negotiation; Part 31: Contract Cost Principles and Procedures; Part 52: Solicitation Provisions and Contract Clauses).
The FAR also includes Subchapters (e.g., Subchapter A: General; Subchapter B: Acquisition Planning; Subchapter C: Contracting Methods and Contract Types; Subchapter D: Socioeconomic Programs; Subchapter E: General Contracting Requirements; Subchapter F: Special Categories of Contracting; Subchapter G: Contract Management; Subchapter H: Clauses and Forms).
Chapters 2 through 99: Agency Acquisition Regulations (Agency Supplements)
Following the FAR in Chapter 1, subsequent chapters in Title 48 are reserved for agency-specific regulations. These regulations either:
Implement the FAR: They provide agency-specific procedures or guidance for applying the general FAR rules. These typically mirror the FAR part numbering (e.g., Chapter 2, Defense Federal Acquisition Regulation Supplement (DFARS), will have parts like 201, 202, etc., corresponding to FAR parts 1, 2, etc.).
Supplement the FAR: They address unique acquisition requirements or authorities specific to that agency that are not covered in the general FAR. These usually begin with parts 70 and higher (e.g., DFARS Part 252 would contain clauses unique to the DoD).
Examples of Major Agency Chapters (Supplements):
Chapter 2: Defense Acquisition Regulations System (DFARS), Department of Defense - Critically important for anyone doing business with the DoD, as it supplements the FAR with many defense-specific rules, including those related to cybersecurity (e.g., CMMC requirements).
Chapter 3: Department of Health and Human Services (HHSAR)
Chapter 4: Department of Agriculture (AGAR)
Chapter 5: General Services Administration (GSAR)
Chapter 6: Department of State (DOSAR)
Chapter 7: U.S. Agency for International Development (AIDAR)
Chapter 8: Department of Veterans Affairs (VAAR)
Chapter 15: Environmental Protection Agency (EPAAR)
Chapter 18: National Aeronautics and Space Administration (NFS)
Chapter 19: Broadcasting Board of Governors
Chapter 30: Department of Homeland Security (HSAR)
...and many more for various executive branch agencies.
In essence, Title 48 CFR is the rulebook for how the U.S. federal government spends taxpayer money on contracts. Anyone seeking to do business with the federal government, or who is currently a federal contractor, must be intimately familiar with the relevant parts of Title 48, including the core FAR and any applicable agency supplements.
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