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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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131 sections with “performance risk”: 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…
  • 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 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 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 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 215.404-71-3 Contract type risk and working capital adjustment.
    … (1) “No financing” means either that the contract does not provide progress payments or performance-based payments, or that the contract provides them only on a limited basis, such as financing of first articles. Do not compute a working …
  • 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…
  • 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…
  • DFARS 252.204-7021 Contractor Compliance With the Cybersecurity Maturity Model Certification Level Requirements.
    …0 alpha-numeric characters assigned to each CMMC assessment and reflected in the Supplier Performance Risk System (SPRS) for each contractor information system. Federal contract information (FCI) means information, not intended for public …
  • DFARS 252.228-7001 Ground and Flight Risk.
    …become covered aircraft when the commercial aircraft arrives at the Contractor's place of performance for modification under the terms of the contract. Crewmember means, unless otherwise provided in the Schedule, personnel required in the …
  • 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 252.204-7025 Notice of Cybersecurity Maturity Model Certification Level Requirements.
    …it Federal contract information (FCI) or controlled unclassified information (CUI) during performance of the contract. (2) The Offeror will not be eligible for award of a contract, task order, or delivery order resulting from this solicita…
  • 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 15.101 Best value continuum.
    …isitions where the requirement is clearly definable and the risk of unsuccessful contract performance is minimal, cost or price may play a dominant role in source selection. The less definitive the requirement, the more development work req…
  • 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 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 16.104 Factors in selecting contract types.
    …tiating contract pricing arrangements. It is essential that the uncertainties involved in performance and their possible impact upon costs be identified and evaluated, so that a contract type that places a reasonable degree of cost responsi…
  • 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 22.1703 Policy.
    …agents from— (1) Engaging in severe forms of trafficking in persons during the period of performance of the contract; (2) Procuring commercial sex acts during the period of performance of the contract; (3) Using forced labor in the perfo…
  • FAR 52.203-13 Contractor Code of Business Ethics and Conduct.
    …ct means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. Subcontractor means any supplier, distributor, vendor, or firm that furnished supplies or services …
  • 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 52.222-50 Combating Trafficking in Persons.
    …imited and defined. Employee means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance. Forced Labor means knowingly provi…
  • 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 52.232-16 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…
  • DFARS 204.7603 Procedures.
    …(1) Consider item risk to determine whether the procurement of products represents a high performance risk to the Government. If an item has a high risk rating, then the SPRS item risk report will display the reason(s) an item is identified…
  • DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.
    …e application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distributi…
  • DFARS 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements.
    …ars old unless a lesser time is specified in the solicitation) are posted in the Supplier Performance Risk System (SPRS) (https://www.sprs.csd.disa.mil/) for all covered contractor information systems relevant to the offer. (2) If the Offe…
  • DFARS 252.204-7020 NIST SP 800-171 DoD Assessment Requirements.
    … (d) Procedures. Summary level scores for all assessments will be posted in the Supplier Performance Risk System (SPRS) (https://www.sprs.csd.disa.mil/) to provide DoD Components visibility into the summary level scores of strategic assess…
  • DFARS 252.217-7010 Performance.
    As prescribed in 217.7104(a), use the following clause: Performance (JUL 2009) (a) Upon the award of a job order, the Contractor shall promptly start the work specified and shall diligently prosecute the work to completion. The Contractor…
  • DFARS 252.225-7040 Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States.
    …ountry national employees not normally residing within the operational area whose area of performance is in the direct vicinity of U.S. Armed Forces and who routinely are collocated with the U.S. Armed Forces (especially in non-permissive e…
  • DFARS 252.234-7002 Earned Value Management System.
    …emote but less than likely (section 806 of Pub. L. 116-283). (b) System criteria. In the performance of this contract, the Contractor shall use— (1) An Earned Value Management System (EVMS) that complies with the EVMS guidelines in the Am…
  • DFARS 252.235-7001 Indemnification Under 10 U.S.C. 3861—Cost Reimbursement.
    …e Government's property. (c) The claim, loss, or damage— (1) Must arise from the direct performance of this contract; (2) Must not be compensated by insurance or other means, or be within deductible amounts of the Contractor's insurance;…
  • DFARS 252.239-7010 Cloud Computing Services.
    …e applicable when using cloud computing to provide information technology services in the performance of the contract. (1) If the Contractor indicated in its offer that it “does not anticipate the use of cloud computing services in the per…
  • FAR 1.102-2 Performance standards.
    …m 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 as p…
  • 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 16.306 Cost-plus-fixed-fee contracts.
    …hen the conditions of 16.301-2 are present and, for example— (i) The contract is for the performance of research or preliminary exploration or study, and the level of effort required is unknown; or (ii) The contract is for development and…

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.