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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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44 sections with “Deficiency”: the first 40

  • FAR 52.232-27 Prompt Payment for Construction Contracts.
    …tor as soon as practicable after the correction of the identified subcontract performance deficiency, and— (i) Make such payment within— (A) Seven days after correction of the identified subcontract performance deficiency (unless the fund…
  • DFARS 242.7502 Policy.
    …nsible for negotiation of a proposal generated by an accounting system with an identified deficiency shall evaluate whether the deficiency impacts the negotiations. See also PGI 242.7502(g)(2). If it does not, the contracting officer should…
  • DFARS 244.305-70 Policy.
    …onsible for negotiation of a proposal generated by a purchasing system with an identified deficiency shall evaluate whether the deficiency impacts the negotiations. If it does not, the contracting officer should proceed with negotiations. I…
  • DFARS 252.244-7001 Contractor Purchasing System Administration.
    …lies with the system criteria in paragraph (c) of this clause. Material weakness means a deficiency or combination of deficiencies in the internal control over information in contractor business systems, such that there is a reasonable pos…
  • FAR 46.803 Policy.
    … any defective item or its components corrected, repaired, or replaced when the defect or deficiency is discovered before the loss of or damage to a high-value item occurs; or (2) Obtain equitable relief when the defect or deficiency is di…
  • DFARS 252.215-7002 Cost Estimating System Requirements.
    …cal costs, and other analyses used to generate cost estimates. Material weakness means a deficiency or combination of deficiencies in the internal control over information in contractor business systems, such that there is a reasonable pos…
  • DFARS 252.234-7002 Earned Value Management System.
    …earned value management system guidelines in the ANSI/EIA-748. Material weakness means a deficiency or combination of deficiencies in the internal control over information in contractor business systems, such that there is a reasonable pos…
  • DFARS 252.242-7006 Accounting System Administration.
    …pensation, billing, labor, and general information technology. Material weakness means a deficiency or combination of deficiencies in the internal control over information in contractor business systems, such that there is a reasonable pos…
  • DFARS 252.245-7003 Contractor Property Management System Administration.
    …lies with the system criteria in paragraph (c) of this clause. Material weakness means a deficiency or combination of deficiencies in the internal control over information in contractor business systems, such that there is a reasonable pos…
  • FAR 9.406-2 Causes for debarment.
    …n action is precluded. (B) Examples. (1) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax becau…
  • FAR 13.202 Unenforceability of unauthorized obligations in micro-purchases.
    …istent with Federal law and unenforceable, but which could create a violation of the Anti-Deficiency Act (31 U.S.C. 1341) if agreed to by the Government. The clause at 52.232-39, Unenforceability of Unauthorized Obligations, automatically a…
  • FAR 14.405 Minor informalities or irregularities in bids.
    …acquired. The contracting officer either shall give the bidder an opportunity to cure any deficiency resulting from a minor informality or irregularity in a bid or waive the deficiency, whichever is to the advantage of the Government. Examp…
  • FAR 52.209-5 Certification Regarding Responsibility Matters.
    …n action is precluded. (2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax becau…
  • FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.
    … action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax becau…
  • FAR 52.232-5 Payments Under Fixed-Price Construction Contracts.
    …ed amount), the Contractor shall— (1) Notify the Contracting Officer of such performance deficiency; and (2) Be obligated to pay the Government an amount (computed by the Contracting Officer in the manner provided in paragraph (j) of this…
  • FAR 52.246-24 Limitation of Liability—High-Value Items.
    …b) The limitation of liability under paragraph (a) above shall not apply when a defect or deficiency in, or the Government's acceptance of, the supplies results from willful misconduct or lack of good faith on the part of any of the Contrac…
  • DFARS 252.217-7013 Guarantees.
    … directed by the Contracting Officer and at its own expense, shall correct and repair the deficiency to the satisfaction of the Contracting Officer. (b) If the Contractor or any subcontractor has a guarantee for work performed or materials…
  • FAR 9.104-5 Representation and certifications regarding responsibility matters.
    …s may be requested by the contracting officer shall be given an opportunity to remedy the deficiency. Failure to furnish the representation or certifications or such information may render the offeror nonresponsible.
  • FAR 12.216 Unenforceability of unauthorized obligations.
    …istent with Federal law and unenforceable, but which could create a violation of the Anti-Deficiency Act (31 U.S.C. 1341) if agreed to by the Government. Paragraph (u) of the clause at 52.212-4 prevents any such violations.
  • FAR 15.001 Definitions.
    As used in this part— Deficiency is a material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable …
  • FAR 15.407-1 Defective certified cost or pricing data.
    …tract price. The contracting officer shall consider any new data submitted to correct the deficiency, or consider the inaccuracy, incompleteness, or noncurrency of the data when negotiating the contract price. The price negotiation memorand…
  • FAR 19.705-4 Reviewing the subcontracting plan.
    …15 required elements (see 19.704), the contracting officer shall advise the bidder of the deficiency and request submission of a revised plan by a specific date. If the bidder does not submit a plan that incorporates the required elements w…
  • FAR 22.1003-4 Administrative limitations, variations, tolerances, and exemptions.
    …of an offeror's certification will not be met, the contracting officer shall identify the deficiency to the offeror before receipt of the final proposal revisions. Unless the offeror provides a revised offer acknowledging applicability of t…
  • FAR 25.1002 Use of foreign currency.
    …quate funds are available to cover currency fluctuations to avoid a violation of the Anti-Deficiency Act (31 U.S.C. 1341, 1342, 1511-1519).
  • FAR 28.101-4 Noncompliance with bid guarantee requirements.
    …addressed during discussions and the offeror shall be given an opportunity to correct the deficiency. (c) Noncompliance with a solicitation requirement for a bid guarantee shall be waived in the following circumstances unless the contracti…
  • FAR 32.604 Demand for payment.
    …ted, the funds are tracked under the closed year appropriation(s) to comply with the Anti-Deficiency Act. (iv) If the debt affects multiple contracts and the lines of accounting are not readily available, the contracting officer shall— (A…
  • FAR 32.702 Policy.
    …ize an obligation in excess of the funds available, or in advance of appropriations (Anti-Deficiency Act, 31 U.S.C. 1341), unless otherwise authorized by law. Before executing any contract, the contracting officer shall (a) obtain written a…
  • FAR 32.705 Unenforceability of unauthorized obligations.
    …istent with Federal law and unenforceable, but which could create a violation of the Anti-Deficiency Act (31 U.S.C. 1341) if agreed to by the Government.
  • FAR 36.608 Liability for Government costs resulting from design errors or deficiencies.
    …refore, when a modification to a construction contract is required because of an error or deficiency in the services provided under an architect-engineer contract, the contracting officer (with the advice of technical personnel and legal co…
  • FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.
    …entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (i) Any such clause is unenforceable against the Government. (ii) Neither the…
  • FAR 52.222-41 Service Contract Labor Standards.
    …udent-learners, and workers whose earning capacity is impaired by age, physical or mental deficiency, or injury may be employed at wages lower than the minimum wages otherwise required by 41 U.S.C. 6703(1) without diminishing any fringe ben…
  • FAR 52.227-21 Technical Data Declaration, Revision, and Withholding of Payment—Major Systems.
    …at the expense of the Contractor. Unauthorized markings on data shall not be considered a deficiency for the purpose of this clause, but will be treated in accordance with paragraph (e) of the Rights in Data—General clause included in this …
  • FAR 52.232-12 Advance Payments.
    … unliquidated advance payments and interest charges payable. The Contractor shall pay any deficiency to the Government upon demand. For purposes of this paragraph, the estimated cost shall be considered to be the stated estimated cost, less…
  • FAR 52.232-39 Unenforceability of Unauthorized Obligations.
    …entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (1) Any such clause is unenforceable against the Government. (2) Neither the …
  • FAR 52.246-23 Limitation of Liability.
    …b) The limitation of liability under paragraph (a) above shall not apply when a defect or deficiency in, or the Government's acceptance of, the supplies results from willful misconduct or lack of good faith on the part of any of the Contrac…
  • FAR 52.246-25 Limitation of Liability—Services.
    …b) The limitation of liability under paragraph (a) above shall not apply when a defect or deficiency in, or the Government's acceptance of, services performed or materials furnished results from willful misconduct or lack of good faith on t…
  • DFARS 202.101 Definitions.
    …ajor defense acquisition program is defined in 10 U.S.C. 4201. Material weakness means a deficiency or combination of deficiencies in the internal control over information in contractor business systems, such that there is a reasonable pos…
  • DFARS 204.270-2 Procedures.
    …procedures at PGI 204.270-2(c) provide details on the creation and processing of contract deficiency reports, which are used to correct problems with contracts distributed in EDA.
  • DFARS 215.407-5-70 Disclosure, maintenance, and review requirements.
    … of each material weakness in sufficient detail to allow the contractor to understand the deficiency (see PGI 215.407-5-70(d)(2)); (B) Request the contractor to respond in writing to the initial determination within 30 days; and (C) Promp…
  • DFARS 242.7203 Review procedures.
    …erial weakness in sufficient detail to allow the contractor to understand the weakness or deficiency; (B) Request the contractor to respond, in writing, to the initial determination within 30 days; and (C) Promptly evaluate the contractor…

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.