SpendQueryBeta

48 CFR · Federal Acquisition Regulation and Defense supplement

FAR and DFARS navigator

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.

Ask the FAR

Try: · · ·

Clear

157 sections with “performance record”: the first 40

  • 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 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 52.232-32 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 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 252.232-7012 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…
  • 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 52.232-12 Advance Payments.
    … by this contract and on all material and other property acquired for or allocated to the performance of this contract, except to the extent that the Government by virtue of any other terms of this contract, or otherwise, shall have valid t…
  • DFARS 209.105-1 Obtaining information.
    …usions section of the System for Award Management, see PGI 209.105-1. (2) A satisfactory performance record is a factor in determining contractor responsibility (see FAR 9.104-1(c)). (i) One source of information relating to contractor pe…
  • FAR 32.503-2 Supervision of progress payments.
    …ayment review or periodic review, should vary inversely with the contractor's experience, performance record, reliability, quality of management, and financial strength, and with the adequacy of the contractor's accounting system and contro…
  • FAR 52.215-2 Audit and Records—Negotiation.
    …sts claimed to have been incurred or anticipated to be incurred directly or indirectly in performance of this contract. This right of examination shall include inspection at all reasonable times of the Contractor's plants, or parts of them,…
  • 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 4.705-3 Acquisition and supply records.
    …le property records, reflecting accountability for the receipt and use of material in the performance of a contract: Retain 4 years. (e) Receiving and inspection report records, consisting of reports reflecting receipt and inspection of su…
  • 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 9.104-1 General standards.
    …n them (see 9.104-3(a)); (b) Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments; (c) Have a satisfactory performance re…
  • FAR 9.105-2 Determinations and documentation.
    …n threshold; (B) The determination of nonresponsibility is based on lack of satisfactory performance record or satisfactory record of integrity and business ethics; and (C) The Small Business Administration does not issue a Certificate of…
  • 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 15.305 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…
  • 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 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 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 42.1501 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 45.101 Definitions.
    …h title is vested in the Government and which exceeds the amounts needed to complete full performance under the entire contract; (2) Any property that the Government is obligated or has the option to take over under any type of contract, e…
  • 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 52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services).
    … directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies). (x) 52.222-55, Minimum Wages for Contractor Workers Under Executive Or…
  • FAR 52.214-26 Audit and Records—Sealed Bidding.
    …sal(s), including those related to negotiating; (3) Pricing of the modification; or (4) Performance of the modification. (c) Comptroller General. In the case of pricing any modification, the Comptroller General of the United States, or a…
  • 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 52.219-9 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 52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States.
    … (B) That the Contracting Officer has indicated is subject to this clause. (2) Contract performance may require work in dangerous or austere conditions. Except as otherwise provided in the contract, the Contractor accepts the risks associ…
  • FAR 52.225-26 Contractors Performing Private Security Functions Outside the United States.
    …d party. (2) Any other activity for which personnel are required to carry weapons in the performance of their duties in accordance with the terms of this contract. (b) Applicability. If this contract is performed both in a designated area…
  • 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 52.227-17 Rights in Data—Special Works.
    …d rights in all data delivered under this contract, and in all data first produced in the performance of this contract, except as provided in paragraph (c) of this clause. (ii) The right to limit assertion of copyright in data first produc…
  • FAR 52.227-20 Rights in Data—SBIR Program.
    …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 52.232-16 Progress Payments.
    …material requirement of this contract (which includes paragraphs (f) and (g) below). (2) Performance of this contract is endangered by the Contractor's (i) failure to make progress or (ii) unsatisfactory financial condition. (3) Inventory…
  • FAR 52.245-1 Government Property.
    …h title is vested in the Government and which exceeds the amounts needed to complete full performance under the entire contract; (2) Any property that the Government is obligated or has the option to take over under any type of contract, e…
  • FAR 52.246-4 Inspection of Services—Fixed-Price.
    …ause, includes services performed, workmanship, and material furnished or utilized in the performance of services. (b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under …
  • FAR 52.246-6 Inspection—Time-and-Material and Labor-Hour.
    … performed; or (3) A separate and complete major industrial operation connected with the performance of this contract. Materials includes data when the contract does not include the Warranty of Data clause. (b) The Contractor shall provi…
  • FAR 52.246-8 Inspection of Research and Development—Cost-Reimbursement.
    …y the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires. (c) The Government has the right to inspect and test all work called for by the cont…

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.