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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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170 sections with “performance evaluation”: the first 40

  • DFARS 236.604 Performance evaluation.
    Prepare a separate performance evaluation after actual construction of the project. Ordinarily, the evaluating official should be the person most familiar with the architect-engineer contractor's performance.
  • FAR 36.604 Performance evaluation.
    See 42.1502(f) for the requirements for preparing past performance evaluations for architect-engineer contracts.
  • FAR 8.406-7 Contractor Performance Evaluation.
    …nually and at the time the work under the order is completed, an evaluation of contractor performance for each order that exceeds the simplified acquisition threshold in accordance with 42.1502(c).
  • FAR 15.305 Proposal evaluation.
    …aluation.) 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 currency a…
  • 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…
  • FAR 36.201 Evaluation of contractor performance.
    See 42.1502(e) for the requirements for preparing past performance evaluations for construction contracts.
  • FAR 9.104-6 Federal Awardee Performance and Integrity Information System.
    … excess of the simplified acquisition threshold, the contracting officer shall review the performance and integrity information available in the Federal Awardee Performance and Integrity Information System (FAPIIS), (available at https://ww…
  • 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 15.304 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 16.402-2 Performance incentives.
    (a) Performance incentives may be considered in connection with specific product characteristics (e.g., a missile range, an aircraft speed, an engine thrust, or a vehicle maneuverability) or other specific elements of the contractor's perfo…
  • 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…
  • 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…
  • 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…
  • 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 8.606 Evaluating FPI performance.
    Agencies shall evaluate FPI contract performance in accordance with subpart 42.15. Performance evaluations do not negate the requirements of 8.602 and 8.604, but they may be used to support a waiver request in accordance with 8.604.
  • 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 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.
    …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 52.219-9 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…
  • 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 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…
  • 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 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 9.104-3 Application of standards.
    …ities, if such options are considered when evaluating offers for award. (b) Satisfactory performance record. A prospective contractor that is or recently has been seriously deficient in contract performance shall be presumed to be nonrespo…
  • 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 12.602 Streamlined evaluation of offers.
    … 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 predetermi…
  • 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 15.306 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 19.505 Limitations on subcontracting and nonmanufacturer rule.
    …ncern will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towa…
  • FAR 19.804-1 Agency evaluation.
    …ects planned; (2) Length of contract, including option periods (see 19.812(d)); and (3) Performance or delivery requirements, including— (i) Required monthly production rates, when applicable; and (ii) For construction, the geographical…
  • FAR 22.1604 Compliance evaluation and complaint investigations and sanctions for violations.
    …Secretary and provide such information and assistance as the Secretary may require in the performance of the Secretary's functions. (c) If the Secretary determines that there has been a violation, the Secretary may take such actions as set…
  • 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 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 (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.