FAR 15—Contracting by Negotiation

Scope of part.

FAR 15.000 is the scope statement for FAR Part 15, and it tells readers exactly what this part is about: the policies and procedures governing negotiated acquisitions, both competitive and noncompetitive. It also makes an important classification point by stating that any contract awarded using procedures other than sealed bidding is a negotiated contract, with a cross-reference to FAR 14.101 for the definition of sealed bidding. In practice, this section serves as the gateway to the rules that apply when an agency uses negotiation rather than sealed bidding, including how offers are solicited, evaluated, discussed, and awarded under Part 15. Its purpose is to define the reach of Part 15 so contracting officers, offerors, and reviewers know when these procedures apply and when another acquisition method controls. For contractors, it signals that the acquisition will be handled under negotiated procurement rules, which can affect proposal preparation, discussions, competitive range decisions, and award strategy. For contracting officers, it establishes that Part 15 is the governing framework whenever the agency is not using sealed bidding.

Definitions.

FAR 15.001 provides the core definitions used in negotiated procurement under FAR part 15, and it is especially important because these terms drive how proposals are evaluated, discussed, corrected, and ultimately selected for award. This section defines four key concepts: deficiency, proposal modification, proposal revision, and weakness, including the more serious category of significant weakness. In practice, these definitions control how evaluators describe proposal flaws, how contracting officers distinguish between changes made before closing versus after closing, and when discussions or negotiations may lead to a revised proposal. The definitions also matter because they affect source selection documentation, competitive range decisions, and the risk assessment of whether a proposal can successfully perform the contract. For contractors, these terms shape how they should respond to amendments, correct mistakes, and manage post-closing negotiations without crossing procedural lines. For contracting officers and evaluators, the definitions provide the vocabulary and standards needed to assess proposal quality consistently and fairly.

Subpart 15.1

Types of negotiated acquisition.

FAR 15.002 explains the two basic types of negotiated acquisitions: sole source acquisitions and competitive acquisitions. It tells contracting officers how the solicitation and source selection approach should differ depending on whether only one source is available or multiple offerors will compete. In a sole source environment, the RFP should be streamlined by removing unnecessary material, such as elaborate evaluation criteria and excessive proposal preparation instructions, because competition is not driving the process. In a competitive environment, the procedures in FAR part 15 are meant to keep the solicitation, evaluation, and source selection as simple as possible while still supporting a fair, impartial, and thorough evaluation. The practical purpose of the section is to align acquisition planning and proposal requirements with the actual market situation, reduce unnecessary burden on industry and the Government, and support selection of the proposal that offers the best value to the Government. This section is important because it sets the tone for how much detail, structure, and evaluation rigor should be built into the acquisition.

Subpart 15.2

Subpart 15.3

Subpart 15.4

Subpart 15.5

Subpart 15.6