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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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84 sections with “past performance”: the first 40

  • FAR 12.206 Use of past performance.
    Past performance should be an important element of every evaluation and contract award for commercial products and commercial services. Contracting officers should consider past performance data from a wide variety of sources both inside an…
  • FAR 9.104-3 Application of standards.
    …the contractor's control, or that the contractor has taken appropriate corrective action. Past failure to apply sufficient tenacity and perseverance to perform acceptably is strong evidence of nonresponsibility. Failure to meet the quality …
  • FAR 9.104-6 Federal Awardee Performance and Integrity Information System.
    …owner, predecessor, or subsidiary identified for that offeror in FAPIIS, as well as other past performance information on the offeror (see subpart 42.15). (2) For evaluation of information available through FAPIIS relating to an affiliate …
  • FAR 13.106-2 Evaluation of quotations or offers.
    …fices may conduct comparative evaluations of offers. Evaluation of other factors, such as past performance— (i) Does not require the creation or existence of a formal data base; and (ii) May be based on one or more of the following: (A) …
  • FAR 15.304 Evaluation factors and significant subfactors.
    …source 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 experien…
  • FAR 15.305 Proposal evaluation.
    …me evaluation.) The contracting officer shall document the cost or price evaluation. (2) Past performance evaluation. (i) Past performance information is one indicator of an offeror's ability to perform the contract successfully. The curre…
  • FAR 15.306 Exchanges with offerors after receipt of proposals.
    … opportunity to clarify certain aspects of proposals (e.g., the relevance of an offeror's past performance information and adverse past performance information to which the offeror has not previously had an opportunity to respond) or to res…
  • FAR 42.1502 Policy.
    (a) General. Past performance evaluations shall be prepared at least annually and at the time the work under a contract or order is completed. Past performance evaluations are required for contracts and orders as specified in paragraphs (b)…
  • FAR 42.1503 Procedures.
    …gencies shall assign responsibility and management accountability for the completeness of past performance submissions. Agency procedures for the past performance evaluation system shall— (i) Generally provide for input to the evaluations …
  • DFARS § 215.305 215.305 Proposal evaluation.
    (a)(2) Past performance evaluation. (A) When a past performance evaluation is required by FAR 15.304, and the solicitation includes the clause at FAR 52.219-8, Utilization of Small Business Concerns, the evaluation factors shall include the…
  • DFARS 215.404-71-2 Performance risk.
    …es a high degree of integration or coordination; (C) The contractor has a good record of past performance; (D) The contractor has a substantial record of active participation in Federal socioeconomic programs; (E) The contractor provides…
  • FAR 1.102-2 Performance standards.
    …erform services the Government will use contractors who have a track record of successful past performance or who demonstrate a current superior ability to perform. (4) The Government must not hesitate to communicate with industry as early…
  • FAR 36.201 Evaluation of contractor performance.
    See 42.1502(e) for the requirements for preparing past performance evaluations for construction contracts.
  • FAR 36.604 Performance evaluation.
    See 42.1502(f) for the requirements for preparing past performance evaluations for architect-engineer contracts.
  • FAR 42.1501 General.
    (a) Past performance information (including the ratings and supporting narratives) is relevant information, for future source selection purposes, regarding a contractor's actions under previously awarded contracts or orders. It includes, fo…
  • FAR 15.101-2 Lowest price technically acceptable source selection process.
    …ost factors. If the contracting officer documents the file pursuant to 15.304(c)(3)(iii), past performance need not be an evaluation factor in lowest price technically acceptable source selections. If the contracting officer elects to consi…
  • FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters.
    …10 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments— (1) The non-public segment, into which Government officials an…
  • FAR 8.405-3 Blanket purchase agreements (BPAs).
    … best value, the ordering activity may consider, among other factors, the following: (i) Past performance. (ii) Special features of the supply or service required for effective program performance. (iii) Trade-in considerations. (iv) Pr…
  • FAR 9.105-2 Determinations and documentation.
    …10 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments— (A) The non-public segment, into which Government officials an…
  • FAR 12.602 Streamlined evaluation of offers.
    …ailed 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 prede…
  • FAR 13.106-1 Soliciting competition.
    …e urgency of the proposed purchase. (iv) The dollar value of the proposed purchase. (v) Past experience concerning specific dealers' prices. (2)(i) When soliciting quotations or offers, the contracting officer shall notify potential quot…
  • FAR 15.506 Postaward debriefing of offerors.
    …technical rating, if applicable, of the successful offeror and the debriefed offeror, and past performance information on the debriefed offeror; (3) The overall ranking of all offerors, when any ranking was developed by the agency during t…
  • FAR 16.505 Ordering.
    …contracting officer should consider the following when developing the procedures: (A)(1) Past performance on earlier orders under the contract, including quality, timeliness and cost control. (2) Potential impact on other orders placed wi…
  • FAR 19.705-4 Reviewing the subcontracting plan.
    … contract administration office, as provided for in 19.706(a), and evaluate the offeror's past performance in awarding subcontracts for the same or similar products or services to small business, veteran-owned small business, service-disabl…
  • FAR 25.302-5 Remedies.
    …tor's failure to comply with the requirements of this section in appropriate databases of past performance and consider any such failure in any responsibility determination or evaluation of past performance; and (3) In the case of award-fe…
  • FAR 35.007 Solicitations.
    …hould 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 …
  • FAR 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services.
    …ror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other …
  • FAR 52.212-2 Evaluation—Commercial Products and Commercial Services.
    …ical 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 impo…
  • FAR 52.219-9 Small Business Subcontracting Plan.
    …l options. Untimely payment means a payment to a subcontractor that is more than 90 days past due under the terms and conditions of a subcontract for supplies and services for which the Government has paid the prime contractor. (c)(1) The…
  • FAR 52.225-26 Contractors Performing Private Security Functions Outside the United States.
    … comply with the requirements of this clause will be included in appropriate databases of past performance and considered in any responsibility determination or evaluation of past performance; and (3) If this is an award-fee contract, the …
  • DFARS 252.225-7039 Defense Contractors Performing Private Security Functions Outside the United States.
    … comply with the requirements of this clause will be included in appropriate databases of past performance and considered in any responsibility determination or evaluation of past performance; and (3) If this is an award-fee contract, the …
  • FAR 1.102 Statement of guiding principles for the Federal Acquisition System.
    …ts and commercial services; (ii) Using contractors who have a track record of successful past performance or who demonstrate a current superior ability to perform; and (iii) Promoting competition; (2) Minimize administrative operating co…
  • FAR 2.101 Definitions.
    …art, but not all, of the work that has not been completed and accepted under a contract. Past performance means an offeror's or contractor's performance on active and physically completed contracts (see 4.804-4). Performance-based acquisi…
  • FAR 4.801 General.
    …ntract; or (iii) The contractor in a general way (e.g., contractor's management systems, past performance, or capabilities).
  • FAR 8.405-1 Ordering procedures for supplies, and services not requiring a statement of work.
    … best value, the ordering activity may consider, among other factors, the following: (1) Past performance. (2) Special features of the supply or service required for effective program performance. (3) Trade-in considerations. (4) Probab…
  • FAR 8.405-2 Ordering procedures for services requiring a statement of work.
    …(RFQ), which includes the statement of work and evaluation criteria (e.g., experience and past performance), to schedule contractors that offer services that will meet the agency's needs. The RFQ may be posted to GSA's electronic RFQ system…
  • FAR 8.406-2 Inspection and acceptance.
    …ssistance is needed (based on the ordering volume, the complexity of the supplies, or the past performance of the supplier). (2) When the schedule contracting agency performs the inspection, the ordering activity will provide two copies of…
  • FAR 9.105-1 Obtaining information.
    …ation that is linked to FAPIIS such as from SAM, and CPARS, as well as any other relevant past performance information on the offeror (see 9.104-1(c) and subpart 42.15). In addition, the contracting officer should use the following sources …
  • FAR 13.303-2 Establishment of BPAs.
    …the supplier to furnish unlimited supplies or services; and (2) Consider suppliers whose past performance has shown them to be dependable, who offer quality supplies or services at consistently lower prices, and who have provided numerous …
  • FAR 15.101 Best value continuum.
    …ore development work required, or the greater the performance risk, the more technical or past performance considerations may play a dominant role in source selection.

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.