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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19 sections with “inability to perform”

  • DFARS 252.232-7010 Levies on Contract Payments.
    … a payment under this contract and the Contractor believes that the levy may result in an inability to perform the contract, the Contractor shall promptly notify the Procuring Contracting Officer in writing, with a copy to the Administrativ…
  • DFARS 232.7101 Policy and procedures.
    … contractor to— (1) Promptly notify the contracting officer when a levy may result in an inability to perform the contract; and (2) Advise the contracting officer whether the inability to perform may adversely affect national security. (…
  • FAR 46.105 Contractor responsibilities.
    …timum evaluation of the characteristics subject to inspection; (4) Reliability and maintainability assessment (life, endurance, and continued readiness); (5) Fabrication and delivery of products, to ensure that only conforming products ar…
  • DFARS 215.304 Evaluation factors and significant subfactors.
    …nsure source selections emphasize sustainment factors and objective reliability and maintainability evaluation criteria in competitive contracts for the— (A) Technical maturation and risk reduction phase of weapon system design (see guidan…
  • DFARS 216.402-2 Performance incentives.
    …ctor, based on achievement of design specification requirements for reliability and maintainability of weapons systems under the contract; or (ii) The imposition of penalties to be paid by the contractor to the Government for failure to ac…
  • DFARS 207.106 Additional requirements for major systems.
    …or subsystem; (ii) In accordance with 10 U.S.C. 4328, to emphasize reliability and maintainability in weapon system design, ensure that reliability and maintainability are included in the performance attributes of the key performance param…
  • DFARS 234.004 Acquisition strategy.
    …e criteria for engineering activities and design specifications for reliability and maintainability provided by the program manager, or the comparable requiring activity official performing program management responsibilities; or (ii) Ensu…
  • DFARS 252.215-7010 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data.
    … Offeror shall provide either the requested information, or a written explanation for the inability to fully comply. (5) Subcontract price evaluation. (i) Offerors shall obtain from subcontractors the minimum information necessary to suppo…
  • FAR 7.103 Agency-head responsibilities.
    …ederal buildings (see 36.104). The Guiding Principles can be accessed at https://www.sustainability.gov/pdfs/guiding_principles_for_sustainable_federal_buildings.pdf; and (3) Require contractor compliance with Federal environmental require…
  • FAR 7.105 Contents of written acquisition plans.
    … distribution of commercial products or commercial services; (ii) The reliability, maintainability, and quality assurance requirements, including any planned use of warranties (see part 46); (iii) The requirements for contractor data (inc…
  • FAR 22.2109 Enforcement of Executive Order 13706 paid sick leave requirements.
    … violation(s) of 29 CFR 13.6(a) or (b). (iii) Any sum not paid to an employee because of inability to do so within 3 years shall be transferred into the Treasury of the United States as miscellaneous receipts. (3) Termination. Contracting…
  • FAR 36.104 Policy.
    …Buildings and Associated Instructions (Guiding Principles) (available at https://www.sustainability.gov/pdfs/guiding_principles_for_sustainable_federal_buildings.pdf); and (ii) All renovation projects of existing Federal buildings must use…
  • FAR 42.302 Contract administration functions.
    …hanges, subcontractors, tests, management of engineering resources, reliability and maintainability, data control systems, configuration management, and independent research and development. (42) Review and evaluate for technical adequacy …
  • FAR 45.102 Policy.
    …isk; and (4) That Government requirements cannot otherwise be met. (c) The contractor's inability or unwillingness to supply its own resources is not sufficient reason for the furnishing or acquisition of property. (d) Exception. Propert…
  • FAR 52.204-2 Security Requirements.
    …s after receipt by the Contracting Officer of the notification of the Contractor's stated inability to proceed, (1) the application to this contract of the change in security classification or requirements has not been withdrawn or (2) a mu…
  • FAR 52.248-1 Value Engineering.
    … design-to-cost (production unit cost, operating and support costs, reliability and maintainability), or similar incentives shall be rewarded under this clause. However, the targets of such incentives affected by the VECP shall not be adjus…
  • DFARS 232.072-2 Appropriate information.
    …fficer must insist upon obtaining the information that is necessary. The unwillingness or inability of a contractor to present reasonably requested information in a timely manner, especially information that a prudent business person would …
  • DFARS 232.072-3 Cash flow forecasts.
    …to submit a cash flow forecast covering the duration of the contract. (b) A contractor's inability of refusal to prepare and provide cash flow forecasts or to reconcile actual cash flow with previous forecasts is a strong indicator of seri…
  • DFARS 252.204-7008 Compliance with safeguarding covered defense information controls.
    … How an alternative but equally effective, security measure is used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection. (ii) An authorized representative of the DoD CIO will adjudicate off…

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.