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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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34 sections with “performance risks”

  • 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 15.305 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 15.404-1 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 16.104 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 16.505 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 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…
  • 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 …
  • 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;…
  • 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 50.104-3 Special procedures for unusually hazardous or nuclear risks.
    …pertinent information regarding the proposed contract or program, including the period of performance, locations, and facilities involved; (ii) A definition of the unusually hazardous or nuclear risks involved in the proposed contract or p…
  • FAR 16.103 Negotiating contract type.
    … risk and provide the contractor with the greatest incentive for efficient and economical performance. (b) A firm-fixed-price contract, which best utilizes the basic profit motive of business enterprise, shall be used when the risk involve…
  • FAR 34.202 Integrated Baseline Reviews.
    … The purpose of the IBR is to verify the technical content and the realism of the related performance budgets, resources, and schedules. It should provide a mutual understanding of the inherent risks in offerors'/contractors' performance pl…
  • FAR 35.006 Contracting methods and contract type.
    …estimates are sufficient to permit such a preference. The precision with which the goals, performance objectives, and specifications for the work can be defined will largely determine the type of contract employed. The contract type must be…
  • DFARS 237.172 Service contracts surveillance.
    …r solicitations and contracts for services. These plans should be tailored to address the performance risks inherent in the specific contract type and the work effort addressed by the contract. (See FAR subpart 46.4.) Retain quality assuran…
  • FAR 16.202-2 Application.
    …vailable cost or pricing information permits realistic estimates of the probable costs of performance; or (d) Performance uncertainties can be identified and reasonable estimates of their cost impact can be made, and the contractor is will…
  • FAR 49.603-1 Fixed-price contracts—complete termination.
    …fit of agreements or judgments affecting royalties paid or payable in connection with the performance of the contract. (iii) All rights and liabilities, if any, of the parties under those clauses inserted in the contract because of the req…
  • FAR 49.603-3 Cost-reimbursement contracts—complete termination, if settlement includes cost.
    …fit of agreements or judgments affecting royalties paid or payable in connection with the performance of the contract. (iii) All rights and liabilities, if any, of the parties under those clauses inserted in the contract because of the req…
  • FAR 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas.
    …the Defense Base Act has been waived, the Contractor shall (1) provide, before commencing performance under this contract, at least that workers' compensation insurance or the equivalent as the laws of the country of which these employees a…
  • DFARS 223.7305 Authorization and approval.
    …ion in 223.7303 does not apply to critical defense applications if no substitute can meet performance requirements. The DoD policy of April 8, 2009, “Minimizing the Use of Hexavalent Chromium,” contains requirements for weighing hexavalent …
  • DFARS 252.217-7012 Liability and insurance.
    … resulting from death, personal injury, or property damage occurring during the period of performance of work on the vessel or within 90 days after redelivery of the vessel. For any claim, etc., made after 90 days, the rights of the parties…
  • DFARS 252.235-7000 Indemnification Under 10 U.S.C. 3861—Fixed Price.
    …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;…
  • FAR 17.105-1 Uses.
    …d States by encouraging full and open competition or promoting economy in administration, performance, and operation of the agency's programs. (b) For DoD, NASA, and the Coast Guard, the head of the agency may enter into a multiyear contra…
  • FAR 28.308 Self-insurance.
    …(e.g., see 50.104-3, Special procedures for unusually hazardous or nuclear risks). Should performance of Government contracts create the risk of catastrophic losses, the Government may, to the extent authorized by law, agree to indemnify th…
  • FAR 32.202-4 Security for Government financing.
    …ade to the contractor. The value of security may be adjusted periodically during contract performance, as long as it is always equal to or greater than the amount of unliquidated financing. (b) Paramount lien. (1) The statutes cited in 32.…
  • FAR 35.008 Evaluation for award.
    …n award should not be made to obtain capabilities that exceed those needed for successful performance of the work. (b) In R&D contracting, precise specifications are ordinarily not available. The contracting officer should therefore take s…
  • FAR 44.202-2 Considerations.
    …r paragraph (a) above is necessary when— (1) The prime contractor's purchasing system or performance is inadequate; (2) Close working relationships or ownership affiliations between the prime and subcontractor may preclude free competitio…
  • FAR 49.603-2 Fixed-price contracts—partial termination.
    …fit of agreements or judgments affecting royalties paid or payable in connection with the performance of the contract. (iii) All rights and liabilities, if any, of the parties under those clauses inserted in the contract because of the req…
  • FAR 49.603-4 Cost-reimbursement contracts—complete termination, with settlement limited to fee.
    …ties relating to Government property furnished to, or acquired by, the Contractor for the performance of the contract. (vii) All rights and liabilities of the parties under the contract relating to options (except options to continue or in…
  • FAR 52.234-2 Notice of Earned Value Management System—Preaward Integrated Baseline Review.
    …VMS guidelines. (1) The plan shall— (i) Describe the EVMS the offeror intends to use in performance of the contracts; (ii) Distinguish between the offeror's existing management system and modifications proposed to meet the guidelines; (…
  • FAR 52.246-24 Limitation of Liability—High-Value Items.
    … performed; or (3) A separate and complete major industrial operation connected with the performance of this contract. (c) If the Contractor carries insurance, or has established a reserve for self-insurance, covering liability for loss o…
  • DFARS 235.070-1 Indemnification under research and development contracts.
    …m a risk that the contract defines as “unusually hazardous;” (ii) Arises from the direct performance of the contract; and (iii) Is not compensated by insurance or other means. (b) Clearly define the specific unusually hazardous risks to …

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.