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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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235 sections with “performance based”: the first 40

  • FAR 32.1007 Administration and payment of performance-based payments.
    (a) Responsibility. The contracting officer responsible for administering performance-based payments (see 42.302(a)(13)) for the contract shall review and approve all performance-based payments for that contract. (b) Approval of financing …
  • FAR 52.232-28 Invitation To Propose Performance-Based Payments.
    As prescribed in 32.1005(b)(1), insert the following provision: Invitation To Propose Performance-Based Payments (MAR 2000) (a) The Government invites the offeror to propose terms under which the Government will make performance-based con…
  • FAR 52.232-32 Performance-Based Payments.
    As prescribed in 32.1005, insert the following clause: Performance-Based Payments (APR 2012) (a) Amount of payments and limitations on payments. Subject to such other limitations and conditions as are specified in this contract and this c…
  • DFARS 252.232-7012 Performance-Based Payments—Whole-Contract Basis.
    As prescribed in 232.1005-70(a)(1), use the following clause: PERFORMANCE-BASED PAYMENTS—WHOLE-CONTRACT BASIS (DEC 2022) (a) Performance-based payments shall form the basis for the contract financing payments provided under this contract, …
  • DFARS 252.232-7013 Performance-Based Payments—Deliverable-Item Basis.
    As prescribed in 232.1005-70(a)(2), use the following clause: Performance-Based Payments—Deliverable-Item Basis (DEC 2022) (a) Performance-based payments shall form the basis for the contract financing payments provided under this contrac…
  • DFARS 252.232-7016 Notice of Progress Payments or Performance-Based Payments.
    …cribed in 232.1005-70(c), insert the following provision: Notice of Progress Payments or Performance-Based Payments (APR 2020) (a) The need for customary progress payments in accordance with subpart 32.5 of the Federal Acquisition Regulat…
  • FAR 32.1002 Bases for performance-based payments.
    Performance-based payments may be made on any of the following bases: (a) Performance measured by objective, quantifiable methods. (b) Accomplishment of defined events. (c) Other quantifiable measures of results.
  • FAR 32.1008 Suspension or reduction of performance-based payments.
    …r reduction of payments, whenever exercising the Government's rights to suspend or reduce performance-based payments in accordance with paragraph (e) of the clause at 52.232-32, Performance-Based Payments.
  • DFARS 252.204-7024 Notice on the Use of the Supplier Performance Risk System.
    …s prescribed in 204.7604, use the following provision: Notice on the Use of the Supplier Performance Risk System (MAR 2023) (a) Definitions. As used in this provision— Item risk means the probability that a product, based on intended use…
  • DFARS 252.232-7015 Performance-Based Payments—Representation.
    As prescribed in 232.1005-70(b), use the following provision: Performance-Based Payments—Representation (DEC 2022) (a) In accordance with 10 U.S.C. 3802(c), the Contractor's financial statements shall be in compliance with Generally Accep…
  • DFARS 232.1004 Procedures.
    (b) Establishing performance-based finance payment amounts. (i) The contracting officer should include in a solicitation both the progress payments and performance-based payments provisions and clauses prescribed in this part, when consider…
  • FAR 22.1012-2 Wage determinations based on collective bargaining agreements.
    …ontract or a modification as specified in 22.1007(b), provided that the contract start of performance is within 30 days of the award of the contract or of the specified modification. If the contract does not specify a start of performance d…
  • 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 7.503 Policy.
    (a) Contracts shall not be used for the performance of inherently governmental functions. (b) Agency decisions which determine whether a function is or is not an inherently governmental function may be reviewed and modified by appropriate …
  • FAR 8.405-2 Ordering procedures for services requiring a statement of work.
    … of Work shall include a description of work to be performed; location of work; period of performance; deliverable schedule; applicable performance standards; and any special requirements (e.g., security clearances, travel, special knowledg…
  • FAR 8.405-3 Blanket purchase agreements (BPAs).
    … 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) Probabl…
  • FAR 13.106-2 Evaluation of quotations or offers.
    … 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) The c…
  • FAR 15.101-2 Lowest price technically acceptable source selection process.
    …actors. 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 consider p…
  • 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 15.306 Exchanges with offerors after receipt of proposals.
    …rtunity 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 resolve …
  • 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 15.404-4 Profit.
    …hat element of the potential total remuneration that contractors may receive for contract performance over and above allowable costs. This potential remuneration element and the Government's estimate of allowable costs to be incurred in con…
  • FAR 16.505 Ordering.
    …ll services to be performed or supplies to be delivered so the full cost or price for the performance of the work can be established when the order is placed. Orders shall be within the scope, issued within the period of performance, and be…
  • FAR 17.605 Award, renewal, and extension.
    (a) Effective work performance under management and operating contracts usually involves high levels of expertise and continuity of operations and personnel. Because of program requirements and the unusual (sometimes unique) nature of the w…
  • FAR 19.705-4 Reviewing the subcontracting plan.
    …ract 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-disabled ve…
  • FAR 27.404-3 Copyrighted works.
    (a) Data first produced in the performance of a contract. (1) Generally, the contractor must obtain permission of the contracting officer prior to asserting rights in any copyrighted work containing data first produced in the performance of…
  • FAR 28.203-3 Release of security interest.
    …ollowing final payment; (ii) Until completion of any warranty period (applicable only to performance bonds); or (iii) Pending resolution of all claims filed against the payment bond during the 1 year period following final payment. (2) C…
  • FAR 32.102 Description of contract financing methods.
    …ernment to a prime contractor before, in anticipation of, and for the purpose of complete performance under one or more contracts. They are expected to be liquidated from payments due to the contractor incident to performance of the contrac…
  • FAR 32.304-2 Certificate of eligibility.
    …panying data, and any other relevant information on the contractor's financial status and performance, to determine whether authorization of a loan guarantee would be in the Government's interest. (c) If the contractor has several major na…
  • FAR 32.503-6 Suspension or reduction of payments.
    …action only if warranted by circumstances such as overpayments or unsatisfactory contract performance. (3) In all cases, the contracting officer shall— (i) Act fairly and reasonably; (ii) Base decisions on substantial evidence; and (iii…
  • FAR 32.504 Subcontracts under prime contracts providing progress payments.
    (a) Subcontracts may include either performance-based payments, provided they meet the criteria in 32.1003, or progress payments, provided they meet the criteria in subpart 32.5 for customary progress payments, but not both. Subcontracts fo…
  • FAR 32.1001 Policy.
    (a) Performance-based payments are the preferred Government financing method when the contracting officer finds them practical, and the contractor agrees to their use. (b) Performance-based payments are contract financing payments that are…
  • FAR 32.1004 Procedures.
    Performance-based payments may be made either on a whole contract or on a deliverable item basis, unless otherwise prescribed by agency regulations. Financing payments to be made on a whole contract basis are applicable to the entire contra…
  • FAR 32.1005 Solicitation provision and contract clause.
    (a) Insert the clause at 52.232-32, Performance-Based Payments, in— (1) Solicitations that may result in contracts providing for performance-based payments; and (2) Fixed-price contracts under which the Government will provide performance…
  • FAR 32.1010 Risk of loss.
    (a) Under the clause at 52.232-32, Performance-Based Payments, and except for normal spoilage, the contractor bears the risk of loss for Government property, even though title is vested in the Government, unless the Government has expressly…
  • FAR 33.104 Protests to GAO.
    …y 15.505 or 15.506, whichever is later, the contracting officer shall immediately suspend performance or terminate the awarded contract, except as provided in paragraphs (c) (2) and (3) of this section. (2) In accordance with agency proced…
  • FAR 37.102 Policy.
    (a) Performance-based acquisition (see Subpart 37.6) is the preferred method for acquiring services (Public Law 106-398, section 821). When acquiring services, including those acquired under supply contracts or orders, agencies must— (1) U…
  • FAR 37.601 General.
    (a) Solicitations may use either a performance work statement or a statement of objectives (see 37.602). (b) Performance-based contracts for services shall include— (1) A performance work statement (PWS); (2) Measurable performance stand…

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.