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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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124 sections with “performance decision”: the first 40

  • DFARS 215.404-71-2 Performance risk.
    …irements. The factor consists of two parts: (1) Technical—the technical uncertainties of performance. (2) Management/cost control—the degree of management effort necessary— (i) To ensure that contract requirements are met; and (ii) To r…
  • FAR 52.207-1 Notice of Standard Competition.
    …a standard competition under Office of Management and Budget Circular No. A-76 (Revised), Performance of Commercial Activities, dated May 29, 2003 (hereafter “the Circular”), to determine whether to accomplish the specified work under contr…
  • FAR 52.207-2 Notice of Streamlined Competition.
    …treamlined competition under Office of Management and Budget Circular No. A-76 (Revised), Performance of Commercial Activities, dated May 29, 2003 (hereafter “the Circular”), to determine whether to accomplish the specified work under contr…
  • FAR 52.246-19 Warranty of Systems and Equipment under Performance Specifications or Design Criteria.
    …er may insert a clause substantially as follows: Warranty of Systems and Equipment Under Performance Specifications or Design Criteria (MAY 2001) (a) Definitions. As used in this clause— Acceptance means the act of an authorized represen…
  • FAR 33.213 Obligation to continue performance.
    (a) In general, before passage of the Disputes statute, the obligation to continue performance applied only to claims arising under a contract. However, the Disputes statute, at 41 U.S.C. 7103(g), authorizes agencies to require a contractor…
  • 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 7.105 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 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 16.401 General.
    …be acquired at lower costs and, in certain instances, with improved delivery or technical performance, by relating the amount of profit or fee payable under the contract to the contractor's performance. Incentive contracts are designed to o…
  • 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 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 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 42.302 Contract administration functions.
    …he contractor's accounting system should be adequate during the entire period of contract performance. The adequacy of the contractor's accounting system and its associated internal control system, as well as contractor compliance with the …
  • FAR 42.1503 Procedures.
    …es 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 from …
  • FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.
    …ceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not …
  • FAR 52.216-7 Allowable Cost and Payment.
    …for the contract; (ii) When the Contractor is not delinquent in paying costs of contract performance in the ordinary course of business, costs incurred, but not necessarily paid, for— (A) Supplies and services purchased directly for the c…
  • FAR 52.216-17 Incentive Price Revision—Successive Targets.
    …es performed and to be performed. (ii) A detailed statement of all costs incurred in the performance of this contract through the end of the month specified above, in the format of Table 15-2, FAR 15.408 (or in any other form on which the …
  • FAR 52.219-9 Small Business Subcontracting Plan.
    …overnment prime Contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract. Total contract dollars means the final anticipated dollar value, including the dollar value of all option…
  • FAR 52.222-41 Service Contract Labor Standards.
    …the term “Government Prime Contractor.” Service employee means any person engaged in the performance of this contract other than any person employed in a bona fide executive, administrative, or professional capacity, as these terms are def…
  • FAR 52.227-14 Rights in Data—General.
    …ze, configuration, mating and attachment characteristics, functional characteristics, and performance requirements. For computer software it means data identifying source, functional characteristics, and performance requirements but specifi…
  • FAR 52.243-7 Notification of Changes.
    …ation involved in such conduct; (4) In the instance of alleged acceleration of scheduled performance or delivery, the basis upon which it arose; (5) The particular elements of contract performance for which the Contractor may seek an equi…
  • DFARS 207.106 Additional requirements for major systems.
    … in weapon system design, ensure that reliability and maintainability are included in the performance attributes of the key performance parameters on sustainment during the development of capabilities requirements. For additional guidance s…
  • DFARS 252.227-7013 Rights in Technical Data—Other Than Commercial Products and Commercial Services.
    …he program or effort; and (2) Receives access to technical data or computer software for performance of a Government contract that contains the clause at 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Informatio…
  • DFARS 252.227-7014 Rights in Other Than Commercial Computer Software and Other Than Commercial Computer Software Documentation.
    …he program or effort; and (2) Receives access to technical data or computer software for performance of a Government contract that contains the clause at 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Informatio…
  • DFARS 252.227-7018 Rights in Other Than Commercial Technical Data and Computer Software—Small Business Innovation Research Program and Small Business Technology Transfer Program.
    …rogram or effort; and (2) Receives access to the technical data or computer software for performance of a Government contract that contains the clause at 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Informatio…
  • FAR 7.302 Policy.
    …able, these regulations; (3) Give appropriate consideration relative to cost when making performance decisions between agency and contractor performance in public-private competitions; (4) Consider the Agency Tender Official an interested…
  • 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 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 52.248-1 Value Engineering.
    …stablished. Instant unit cost reduction means the amount of the decrease in unit cost of performance (without deducting any Contractor's development or implementation costs) resulting from using the VECP on this, the instant contract. If t…
  • DFARS 204.7103-1 Criteria for establishing.
    …l price of an item but the actual number and quantity of the elements are not known until performance. The contracting officer may structure these contracts to reflect a firm or estimated total amount for each line item; (v) When the contr…
  • DFARS 215.304 Evaluation factors and significant subfactors.
    …cerns, small disadvantaged business concerns, and women-owned small business concerns) in performance of the contract shall be addressed in source selection. The contracting officer shall evaluate the extent to which offerors identify and c…
  • DFARS 237.101 Definitions.
    Increased performance of security-guard functions, as used in this subpart, means— (1) In the case of an installation or facility where no security-guard functions were performed as of September 10, 2001, the entire scope or extent of the …
  • DFARS 242.7000 Contractor business system deficiencies.
    …f payment withholding under 252.242-7005 does not exceed 10 percent of progress payments, performance-based payments, and interim payments under cost-reimbursement, labor-hour, and time-and-materials contracts billed under each of the ident…
  • FAR 5.205 Special situations.
    … of the streamlined or standard competition by making a formal public announcement of the performance decision. (See OMB Circular A-76.) (f) Section 8(a) competitive acquisition. When a requirement is being considered for competitive acqui…

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.