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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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36 sections with “contractor's cost experience”

  • FAR 31.205-42 Termination costs.
    …rinciples in subpart 31.2: (a) Common items. The costs of items reasonably usable on the contractor's other work shall not be allowable unless the contractor submits evidence that the items could not be retained at cost without sustaining …
  • FAR 47.303-17 Contractor-prepaid commercial bills of lading, small package shipments.
    (a) If it is advantageous to the Government, the contracting officer may authorize the contractor to ship supplies, which have been acquired f.o.b. origin, to domestic destinations, including DOD air and water terminals, by common carriers …
  • FAR 52.216-7 Allowable Cost and Payment.
    … Cost and Payment (AUG 2018) (a) Invoicing. (1) The Government will make payments to the Contractor when requested as work progresses, but (except for small business concerns) not more often than once every 2 weeks, in amounts determined t…
  • FAR 52.216-15 Predetermined Indirect Cost Rates.
    … indirect cost rates to bases agreed upon by the parties, as specified below. (b)(1) The Contractor shall submit an adequate final indirect cost rate proposal to the Contracting Officer (or cognizant Federal agency official) and auditor wi…
  • DFARS 215.407-4 Should-cost review.
    …programs, similar commercial programs (where appropriate), and other programs by the same contractor at the same facility. (D) An analysis of supply chain management to encourage competition and incentive cost performance at lower tiers. …
  • DFARS 252.215-7002 Cost Estimating System Requirements.
    …egotiation of fair and reasonable prices; (3) Is consistent with and integrated with the Contractor's related management systems; and (4) Is subject to applicable financial control systems. Estimating system means the Contractor's polici…
  • DFARS 253.209-1 Responsible prospective contractors.
    (a) SF 1403, Preaward Survey of Prospective Contractor (General). (i) The factors in Section III, Block 19, generally mean— (A) Technical capability. An assessment of the prospective contractor's key management personnel to determine if th…
  • FAR 1.102-2 Performance standards.
    …e into account the perspective of the user of the product or service. (3) When selecting contractors to provide products or perform services the Government will use contractors who have a track record of successful past performance or who …
  • FAR 2.101 Definitions.
    …nd other related services. Assignment of claims means the transfer or making over by the contractor to a bank, trust company, or other financing institution, as security for a loan to the contractor, of its right to be paid by the Governme…
  • FAR 8.405-3 Blanket purchase agreements (BPAs).
    …s for supplies or services. Ordering activities shall establish the BPA with the schedule contractor(s) that can provide the supply or service that represents the best value. (2) In addition to price (see 8.404(d) and 8.405-4), when determ…
  • FAR 15.404-1 Proposal analysis techniques.
    …endations or conclusions regarding the Government's review or analysis of an offeror's or contractor's proposal shall not be disclosed to the offeror or contractor without the concurrence of the contracting officer. Any discrepancy or mista…
  • FAR 15.408 Solicitation provisions and contract clauses.
    …cts when it is contemplated that certified cost or pricing data will be required from the contractor or any subcontractor (see 15.403-4). (c) Price Reduction for Defective Certified Cost or Pricing Data—Modifications. The contracting offic…
  • FAR 16.103 Negotiating contract type.
    …iate a contract type and price (or estimated cost and fee) that will result in reasonable contractor risk and provide the contractor with the greatest incentive for efficient and economical performance. (b) A firm-fixed-price contract, whi…
  • FAR 16.104 Factors in selecting contract types.
    …, so that a contract type that places a reasonable degree of cost responsibility upon the contractor can be negotiated. (d) Type and complexity of the requirement. Complex requirements, particularly those unique to the Government, usually …
  • FAR 16.202-1 Description.
    …e contract provides for a price that is not subject to any adjustment on the basis of the contractor's cost experience in performing the contract. This contract type places upon the contractor maximum risk and full responsibility for all co…
  • FAR 16.702 Basic agreements.
    …n instrument of understanding, negotiated between an agency or contracting activity and a contractor, that (1) contains contract clauses applying to future contracts between the parties during its term and (2) contemplates separate future c…
  • FAR 32.503-2 Supervision of progress payments.
    …ents supervision, by prepayment review or periodic review, should vary inversely with the contractor's experience, performance record, reliability, quality of management, and financial strength, and with the adequacy of the contractor's acc…
  • FAR 32.503-9 Liquidation rates—alternate method.
    …in this 32.503-9. The objective of the alternate liquidation rate method is to permit the contractor to retain the earned profit element of the contract prices for completed items in the liquidation process. The contracting officer may redu…
  • FAR 52.216-5 Price Redetermination—Prospective.
    …_ [see Note (2)] days before the end of each redetermination period, except the last, the Contractor shall submit— (i) Proposed prices for supplies that may be delivered or services that may be performed in the next succeeding period, and—…
  • FAR 52.232-12 Advance Payments.
    …under this contract (1) upon submission of properly certified invoices or vouchers by the Contractor, and approval by the administering office, ____ [Insert the name of the office designated under agency procedures], or (2) under a letter o…
  • FAR 52.237-3 Continuity of Services.
    …ed in 37.110(c), insert the following clause: Continuity of Services (JAN 1991) (a) The Contractor recognizes that the services under this contract are vital to the Government and must be continued without interruption and that, upon cont…
  • DFARS 215.404-71-2 Performance risk.
    (a) Description. This profit factor addresses the contractor's degree of risk in fulfilling the contract requirements. The factor consists of two parts: (1) Technical—the technical uncertainties of performance. (2) Management/cost control…
  • DFARS 242.7203 Review procedures.
    (a) Criteria for conducting reviews. Conduct an MMAS review when— (1) A contractor has $40 million of qualifying sales to the Government during the contractor's preceding fiscal year; and (2) The administrative contracting officer (ACO), …
  • DFARS 242.7302 Requirements.
    …n in-depth CIPR as described at DFARS 242.7301(a)(1) shall be conducted only when— (i) A contractor has $50 million of qualifying sales to the Government during the contractor's preceding fiscal year; and (ii) The ACO, with advice from DC…
  • FAR 31.001 Definitions.
    … form and whether paid immediately or deferred, for services rendered by employees to the contractor. Cost input means the cost, except general and administrative (G&A) expenses, which for contract costing purposes is allocable to the prod…
  • FAR 42.704 Billing rates.
    …lling rates are as close as possible to the final indirect cost rates anticipated for the contractor's fiscal period, as adjusted for any unallowable costs. When the contracting officer (or cognizant Federal agency official) or auditor dete…
  • FAR 15.305 Proposal evaluation.
    …of the information, source of the information, context of the data, and general trends in contractor's performance shall be considered. This comparative assessment of past performance information is separate from the responsibility determin…
  • FAR 16.403-2 Fixed-price incentive (successive targets) contracts.
    … floor for the firm target profit. (This formula normally provides for a lesser degree of contractor cost responsibility than would a formula for establishing final profit and price.) (iv) The production point at which the firm target cost…
  • DFARS 217.172 Multiyear contracts for supplies.
    …ions in the contract do not include consideration of recurring manufacturing costs of the contractor associated with the production of unfunded units to be delivered under the contract; (4) The contract provides that payments to the contra…
  • FAR 32.412 Contract clause.
    …2(b). (b) If the agency desires to waive the countersignature requirement because of the contractor's financial strength, good performance record, and favorable experience concerning cost disallowances, the contracting officer shall use th…
  • FAR 16.203-1 Description.
    …ents are based on increases or decreases in specified costs of labor or material that the contractor actually experiences during contract performance. (3) Adjustments based on cost indexes of labor or material. These price adjustments are …
  • FAR 35.007 Solicitations.
    … contracts). Although cost or price is not normally the controlling factor in selecting a contractor to perform R&D, it should not be disregarded in arriving at a selection that best satisfies the Government's requirement at a fair and reas…
  • FAR 36.301 Use of two-phase design-build selection procedures.
    …onstraints for delivery of the project. (iii) The capability and experience of potential contractors. (iv) The suitability of the project for use of the two-phase selection method. (v) The capability of the agency to manage the two-phase…
  • FAR 36.602-1 Selection criteria.
    (a) Agencies shall evaluate each potential contractor in terms of its— (1) Professional qualifications necessary for satisfactory performance of required services; (2) Specialized experience and technical competence in the type of work re…
  • FAR 37.102 Policy.
    …ice contracting in a manner that ensures full understanding and responsive performance by contractors and, in so doing, should obtain assistance from contracting officials, as needed. To the maximum extent practicable, the program officials…
  • DFARS 215.404-1 Proposal analysis techniques.
    …ting officer shall request additional sales data to evaluate price reasonableness. If the contractor cannot provide sufficient sales data, the contracting officer shall request other relevant information. (D) Nature of transactions. The na…

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.