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48 CFR · Federal Acquisition Regulation and Defense supplement

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The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

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122 sections with “Award fee”: the first 40

  • DFARS 216.405-2-70 Award fee reduction or denial for jeopardizing the health or safety of Government personnel.
    …erious bodily injury, as used in this section, are defined in the clause at 252.216-7004, Award Fee Reduction or Denial for Jeopardizing the Health or Safety of Government Personnel. (b) The contracting officer shall include in the evaluat…
  • DFARS 216.405-2-71 Award fee reduction or denial for failure to comply with requirements relating to performance of private security functions.
    …zation Act for Fiscal Year 2008, as amended, the contracting officer shall include in any award-fee plan a requirement to review contractor compliance with, or violation of, applicable requirements of the contract with regard to the perform…
  • DFARS 252.216-7004 Award Fee Reduction or Denial for Jeopardizing the Health or Safety of Government Personnel.
    As prescribed in 216.406(e) use the following clause: Award Fee Reduction or Denial for Jeopardizing the Health or Safety of Government Personnel (SEP 2011) (a) Definitions. As used in this clause— Covered incident— (i) Means any incide…
  • FAR 16.404 Fixed-price contracts with award fees.
    Award-fee provisions may be used in fixed-price contracts when the Government wishes to motivate a contractor and other incentives cannot be used because contractor performance cannot be measured objectively. Such contracts shall establish …
  • DFARS 216.470 Other applications of award fees.
    See PGI 216.470 for guidance on other applications of award fees.
  • DFARS 216.405-2 Cost-plus-award-fee contracts.
    (1) Award-fee pool. The award-fee pool is the total available award fee for each evaluation period for the life of the contract. The contracting officer shall perform an analysis of appropriate fee distribution to ensure at least 40 percent…
  • FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity.
    …-plus-fixed-fee contracts, the amount of the fee specified in the contract at the time of award; (2) For cost-plus-incentive-fee conrtracts, the target fee specified in the contract at the time of award, notwithstanding any minimum fee or …
  • FAR 16.305 Cost-plus-award-fee contracts.
    A cost-plus-award-fee contract is a cost-reimbursement contract that provides for a fee consisting of (a) a base amount (which may be zero) fixed at inception of the contract and (b) an award amount, based upon a judgmental evaluation by th…
  • FAR 16.405-2 Cost-plus-award-fee contracts.
    A cost-plus-award-fee contract is a cost-reimbursement contract that provides for a fee consisting of (1) a base amount fixed at inception of the contract, if applicable and at the discretion of the contracting officer, and (2) an award amo…
  • FAR 12.207 Contract type.
    …he acquisition of commercial services when— (i) The service is acquired under a contract awarded using— (A) Competitive procedures (e.g., the procedures in 6.102, the set-aside procedures in Subpart 19.5, or competition conducted in accor…
  • FAR 16.001 Definitions.
    As used in this part— Award-Fee Board means the team of individuals identified in the award-fee plan who have been designated to assist the Fee-Determining Official in making award-fee determinations. Established price means a price that—…
  • FAR 16.401 General.
    …signed by the head of the contracting activity, shall be completed for all incentive- and award-fee contracts justifying that the use of this type of contract is in the best interest of the Government. This determination shall be documented…
  • FAR 42.1503 Procedures.
    …t performance evaluation shall be entered into CPARS. (2) When the contract provides for award fee, the award fee-contract performance adjectival rating as described in 16.401(e)(3) shall be entered into CPARS. (d) Agency evaluations of c…
  • DFARS 215.404-74 Fee requirements for cost-plus-award-fee contracts.
    In developing a fee objective for cost-plus-award-fee contracts, the contracting officer shall— (a) Follow the guidance in FAR 16.405-2 and 216.405-2; (b) Not use the weighted guidelines method or alternate structured approach; (c) Apply…
  • FAR 19.705-5 Awards involving subcontracting plans.
    (a) In making an award that requires a subcontracting plan, the contracting officer shall be responsible for the following: (1) Consider the contractor's compliance with the subcontracting plans submitted on previous contracts as a factor …
  • FAR 52.222-50 Combating Trafficking in Persons.
    …ontract payments until the Contractor has taken appropriate remedial action; (4) Loss of award fee, consistent with the award fee plan, for the performance period in which the Government determined Contractor non-compliance; (5) Declining…
  • FAR 2.101 Definitions.
    …scription of requirements to satisfy agency needs, solicitation and selection of sources, award of contracts, contract financing, contract performance, contract administration, and those technical and management functions directly related t…
  • FAR 3.104-1 Definitions.
    …e law or regulation. (5) Information marked in accordance with 52.215-1(e). Decision to award a subcontract or modification of subcontract means a decision to designate award to a particular source. Federal agency procurement means the a…
  • FAR 3.104-7 Violations or possible violations.
    …t determine if the reported violation or possible violation has any impact on the pending award or selection of the contractor. (1) If the contracting officer concludes that there is no impact on the procurement, the contracting officer mu…
  • FAR 3.405 Misrepresentations or violations of the Covenant Against Contingent Fees.
    …propriate, take or direct one or more of the following, or other, actions: (1) If before award, reject the bid or proposal. (2) If after award, enforce the Government's right to annul the contract or to recover the fee. (3) Initiate susp…
  • FAR 15.408 Solicitation provisions and contract clauses.
    …t is anticipated that certified cost or pricing data will be required or for which any preaward or postaward cost determinations will be subject to part 31. (h) Facilities Capital Cost of Money. The contracting officer shall insert the pro…
  • FAR 16.406 Contract clauses.
    …ion in solicitations and contracts when a cost-plus-incentive-fee contract or a cost-plus-award-fee contract is contemplated. (d) The clause at 52.216-10, Incentive Fee, is prescribed in 16.307(d) for insertion in solicitations and contrac…
  • FAR 16.505 Ordering.
    …ed for the contract in accordance with 6.302-1(c) or unless the base contract is a single-award contract awarded under full and open competition. Justifications for the use of brand-name specifications must be completed and approved at the …
  • FAR 19.708 Contract clauses.
    …rom a fully quantified schedule of payments based on actual subcontract achievement to an award-fee approach employing subjective evaluation criteria (see paragraph (c)(3) of this section). The incentive should not reward the contractor for…
  • FAR 22.1703 Policy.
    …ficking for domestic carrier air transportation; 47.405(b) is not applicable to contracts awarded by the Department of Defense or contracts for commercial products. Government solicitations and contracts shall— (a) Prohibit contractors, co…
  • FAR 25.302-5 Remedies.
    …y responsibility determination or evaluation of past performance; and (3) In the case of award-fee contracts, the contracting officer shall consider a contractor's failure to comply with the requirements of this subsection in the evaluatio…
  • FAR 33.104 Protests to GAO.
    …test has been filed, the agency shall give notice of the protest to the contractor if the award has been made, or, if no award has been made, to all parties who appear to have a reasonable prospect of receiving award if the protest is denie…
  • FAR 48.104-2 Sharing acquisition savings.
    …act savings are calculated, either through lump-sum payment or as each future contract is awarded. (i) When the instant contract is not an incentive contract, the contractor's share of net acquisition savings is calculated and paid each ti…
  • FAR 52.201-1 Acquisition 360: Voluntary Survey.
    …2023) (a) All actual and potential offerors are encouraged to provide feedback on the preaward and debriefing processes, as applicable. Feedback may be provided to agencies up to 45 days after award. The feedback is anonymous, unless the p…
  • FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions.
    … Regulation (FAR) 2.101. Covered Federal action means any of the following actions: (1) Awarding any Federal contract. (2) Making any Federal grant. (3) Making any Federal loan. (4) Entering into any cooperative agreement. (5) Extendi…
  • FAR 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services.
    …mically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before …
  • FAR 52.219-9 Small Business Subcontracting Plan.
    …ure to submit and negotiate the subcontracting plan shall make the Offeror ineligible for award of a contract. (2)(i) Unless the Contractor has reason to question the representations, it may accept a subcontractor's written representations…
  • FAR 52.225-26 Contractors Performing Private Security Functions Outside the United States.
    …ny responsibility determination or evaluation of past performance; and (3) If this is an award-fee contract, the Contractor's failure to comply with the requirements of this clause shall be considered in the evaluation of the Contractor's …
  • FAR 52.226-1 Utilization of Indian Organizations and Indian-Owned Economic Enterprises.
    … an actual or prospective offeror whose direct economic interest would be affected by the award of a subcontract or by the failure to award a subcontract. (b) The Contractor shall use its best efforts to give Indian organizations and India…
  • FAR 52.227-11 Patent Rights—Ownership by the Contractor.
    …grant sublicenses to the extent the Contractor was legally obligated to do so at contract award. The license is transferable only with the written approval of the agency, except when transferred to the successor of that part of the Contract…
  • FAR 52.230-6 Administration of Cost Accounting Standards.
    …as been submitted for a change in cost accounting practice that is dependent on a contact award and that contract is subsequently awarded, notify the CFAO within 15 days after such award. (2) For any change in cost accounting practice not …
  • FAR 52.244-2 Subcontracts.
    …nd-materials, or labor-hour type; or (2) Is fixed-price and exceeds— (i) For a contract awarded by the Department of Defense, the Coast Guard, or the National Aeronautics and Space Administration, the greater of the simplified acquisition…
  • FAR 52.248-1 Value Engineering.
    … used in this clause, means savings resulting from the application of a VECP to contracts awarded by the same contracting office or its successor for essentially the same unit. Acquisition savings include— (1) Instant contract savings, whi…
  • DFARS 212.301 Solicitation provisions and contract clauses for the acquisition of commercial products and commercial services.
    …at 215.408(5)(i)(B). (E) Use the provision at 252.215-7016, Notification to Offerors—Postaward Debriefings, as prescribed in 215.570, to comply with section 818 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91…
  • DFARS 216.401 General.
    (c) See PGI 216.401(c) for information on the Defense Acquisition University Award and Incentive Fees Community of Practice. (d) The determination and findings justifying that the use of an incentive- or award-fee contract is in the best i…

FAR (chapter 1)

DFARS (chapter 2, Defense)

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Rule changes in progress: FAR, DFARS. Terms: glossary.