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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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39 sections with “Performance capability”

  • FAR 52.247-3 Capability To Perform a Contract for the Relocation of a Federal Office.
    …with the applicable requirements of this clause at least 14 days before the date on which performance of the contract shall commence under the terms specified; except that, if the period from the date of award of the contract to the date th…
  • FAR 2.101 Definitions.
    …, solicitation and selection of sources, award of contracts, contract financing, contract performance, contract administration, and those technical and management functions directly related to the process of fulfilling agency needs by contr…
  • FAR 7.103 Agency-head responsibilities.
    …ontracts as appropriate. (f) Ensuring that the statement of work is closely aligned with performance outcomes and cost estimates. (g) Writing plans either on a systems basis, on an individual contract basis, or on an individual order basi…
  • FAR 7.105 Contents of written acquisition plans.
    …ition plans for service contracts or orders must describe the strategies for implementing performance-based acquisition methods or must provide rationale for not using those methods (see subpart 37.6). (a) Acquisition background and object…
  • FAR 15.304 Evaluation factors and significant subfactors.
    …e selection through consideration of one or more non-cost evaluation factors such as past performance, compliance with solicitation requirements, technical excellence, management capability, personnel qualifications, and prior experience ((…
  • FAR 15.404-1 Proposal analysis techniques.
    … a clear understanding of the requirements; and are consistent with the unique methods of performance and materials described in the offeror's technical proposal. (2) Cost realism analyses shall be performed on cost-reimbursement contracts…
  • FAR 16.104 Factors in selecting contract types.
    …tiating contract pricing arrangements. It is essential that the uncertainties involved in performance and their possible impact upon costs be identified and evaluated, so that a contract type that places a reasonable degree of cost responsi…
  • DFARS 247.271-1 Policy.
    …ervices for the— (i) Preparation of personal property for shipment or storage; and (ii) Performance of intra-area movement. (2) Award contracts on a calendar year basis. (3) Provide for option years. (4) Award contracts, or exercise op…
  • FAR 9.105-1 Obtaining information.
    … administering the proposed type of contract. (3) Information on financial resources and performance capability shall be obtained or updated on as current a basis as is feasible up to the date of award. (c) In making the determination of …
  • FAR 15.407-2 Make-or-buy programs.
    (a) General. The prime contractor is responsible for managing contract performance, including planning, placing, and administering subcontracts as necessary to ensure the lowest overall cost and technical risk to the Government. When make-o…
  • FAR 42.1204 Applicability of novation agreements.
    …ives all rights under the contract against the Government; (3) The transferor guarantees performance of the contract by the transferee (a satisfactory performance bond may be accepted instead of the guarantee); and (4) Nothing in the agre…
  • FAR 49.402-3 Procedure for default.
    …ment has taken any action that might be construed as a waiver of the contract delivery or performance date, the contracting officer shall send a notice to the contractor setting a new date for the contractor to make delivery or complete per…
  • FAR 16.103 Negotiating contract type.
    … risk and provide the contractor with the greatest incentive for efficient and economical performance. (b) A firm-fixed-price contract, which best utilizes the basic profit motive of business enterprise, shall be used when the risk involve…
  • FAR 42.1104 Surveillance requirements.
    …f the following factors: (i) Contract requirements for reporting production progress and performance. (ii) The contract performance schedule. (iii) The contractor's production plan. (iv) The contractor's history of contract performance.…
  • FAR 47.207-1 Qualifications of offerors.
    …he requirement for holding or obtaining State authority to operate within the State. (b) Performance capability for Federal office moving contracts. (1) The contracting officer shall insert the clause at 52.247-3, Capability to Perform a C…
  • DFARS 232.072-2 Appropriate information.
    … requested. The information must be for the person(s) who are legally liable for contract performance. If the contractor is not a corporation, the contracting officer shall obtain the required information for each individual/joint venturer/…
  • FAR 5.207 Preparation and transmittal of synopses.
    …. (14) Contract Award Date. (15) Contractor. (16) Description. (17) Place of Contract Performance. (18) Set-aside Status. (b) Transmittal. Transmissions to the GPE must be in accordance with the interface description available via the…
  • FAR 9.106-4 Reports.
    …ility or nonresponsibility. (c) When a preaward survey discloses previous unsatisfactory performance, the surveying activity shall specify the extent to which the prospective contractor plans, or has taken, corrective action. Lack of evide…
  • FAR 11.103 Market acceptance.
    …tions where the agency's minimum need is for an item that has a demonstrated reliability, performance or product support record in a specified environment. Use of market acceptance is inappropriate when new or evolving items may meet the ag…
  • FAR 12.602 Streamlined evaluation of offers.
    … than technical (capability of the item offered to meet the agency need), price, and past performance. Technical capability may be evaluated by how well the proposed products or services meet the Government requirement instead of predetermi…
  • FAR 19.705-2 Determining the need for a subcontracting plan.
    … in the business of furnishing the types of items to be acquired customarily contract for performance of part of the work or maintain sufficient in-house capability to perform the work; (2) Whether there are likely to be product prequalifi…
  • FAR 35.007 Solicitations.
    … recommend potential sources that appear qualified, as a result of— (1) Present and past performance of similar work; (2) Professional stature and reputation; (3) Relative position in a particular field of endeavor; (4) Ability to acqui…
  • FAR 52.212-2 Evaluation—Commercial Products and Commercial Services.
    …capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importanc…
  • FAR 52.216-21 Requirements.
    …t fact shall not constitute the basis for an equitable price adjustment. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitati…
  • DFARS 202.101 Definitions.
    …ed as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics. Cyber incident means actions taken through the use of computer networks that result in a compromise or an actual or pote…
  • FAR 3.303 Reporting suspected antitrust violations.
    … the competitors has sufficient technical capability and productive capacity for contract performance; (8) Any incidents suggesting direct collusion among competitors, such as the appearance of identical calculation or spelling errors in t…
  • FAR 3.803 Exceptions.
    …osal by a lawyer is allowable. Similarly, technical advice provided by an engineer on the performance or operational capability of a piece of equipment rendered directly in the negotiation of a contract is allowable. However, communications…
  • FAR 15.102 Oral presentations.
    …ed in writing. (c) Information pertaining to areas such as an offeror's capability, past performance, work plans or approaches, staffing resources, transition plans, or sample tasks (or other types of tests) may be suitable for oral presen…
  • FAR 19.804-3 SBA acceptance.
    …ic 8(a) participant. When a contracting officer does not nominate an 8(a) participant for performance of a sole source 8(a) contract, SBA will select an 8(a) participant for possible award from among two or more eligible and qualified 8(a) …
  • FAR 19.812 Contract administration.
    …ng officer shall determine the timing of the proposed transfer and its effect on contract performance and mission support. If the contracting officer determines that the SBA does not intend to waive the termination requirement, and terminat…
  • FAR 36.303-1 Phase One.
    …A) Specialized experience and technical competence; (B) Capability to perform; (C) Past performance of the offeror's team (including the architect-engineer and construction members); and (iii) Other appropriate factors (excluding cost or…
  • FAR 48.104-3 Sharing collateral savings.
    … determining collateral savings, the contracting officer must consider any degradation of performance, service life, or capability.
  • FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions.
    …ent in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponso…
  • FAR 52.222-46 Evaluation of Compensation for Professional Employees.
    …etrimental in obtaining the quality of professional services needed for adequate contract performance. It is therefore in the Government's best interest that professional employees, as defined in 29 CFR 541, be properly and fairly compensat…
  • FAR 52.227-11 Patent Rights—Ownership by the Contractor.
    …on reasonable terms. Subject invention means any invention of the Contractor made in the performance of work under this contract. (b) Contractor's rights (1) Ownership. The Contractor may retain ownership of each subject invention through…
  • DFARS 209.104-1 General standards.
    …eference numbers to identify the action); (2) General description of the acquisition and performance requirements; (3) Identification of the national security interests involved and the ways award of the contract helps advance those inter…
  • DFARS 231.205-70 External restructuring costs.
    …ke place; (ii) When restructuring savings will begin to be realized; (iii) The contract performance period; (iv) Whether the contracting parties are able to make a reasonable estimate of the impact of restructuring on the contract; and …
  • DFARS 252.215-7014 Exception from Certified Cost or Pricing Data Requirements for Foreign Military Sales Indirect Offsets.
    …oreign company). Indirect offsets may be accomplished without a clearly defined period of performance. (b) Exceptions from certified cost or pricing data requirements. Notwithstanding the requirements of Federal Acquisition Regulation (FAR…
  • DFARS 252.245-7005 Management and Reporting of Government Property.
    … respect to the serviceability and/or suitability of the Government property for contract performance and that the Government will not pay for any repairs, replacement, and/or refurbishment of the property. Commercial and Government Entity…

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.