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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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121 sections with “performance specification”: the first 40

  • 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…
  • 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 227.7103-5 Government rights.
    …with Government funds; (2) Studies, analyses, test data, or similar data produced in the performance of a contract when the study, analysis, test, or similar work was specified as an element of performance; (3) Created exclusively with Go…
  • 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 11.002 Policy.
    … an acquisition of supplies or services in terms of— (A) Functions to be performed; (B) Performance required; or (C) Essential physical characteristics; (ii) Define requirements in terms that enable and encourage offerors to supply comm…
  • 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 16.505 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 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 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 46.710 Contract clauses.
    …ubstantially the same as the clause at 52.246-19, Warranty of Systems and Equipment under Performance Specifications or Design Criteria, in solicitations and contracts when performance specifications or design are of major importance; a fix…
  • 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 52.219-9 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 52.232-5 Payments Under Fixed-Price Construction Contracts.
    …fy, to the best of my knowledge and belief, that— (1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract; (2) All payments due to subcontractors and suppliers from p…
  • FAR 52.236-21 Specifications and Drawings for Construction.
    …rawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by the contractor to explain in detail specific portions of the work required by the contra…
  • FAR 52.243-1 Changes—Fixed-Price.
    … any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this contract, whether or not changed by the order, the Contracting Officer shall make an equitable adjustme…
  • FAR 52.243-2 Changes—Cost-Reimbursement.
    …change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this contract, whether or not changed by the order, or otherwise affects any other terms and conditions of t…
  • 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…
  • 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 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 252.217-7009 Default.
    …the time specified in a job order or any extension; (2) Make progress, so as to endanger performance of the job order; or (3) Perform any of the other provisions of this agreement or a job order. (b) Except for defaults of subcontractors…
  • FAR 8.607 Performance as a subcontractor.
    …not require a contractor, or subcontractor at any tier, to use FPI as a subcontractor for performance of a contract by any means, including means such as— (a) A solicitation provision requiring a potential contractor to offer to make use o…
  • FAR 9.508 Examples.
    …cted, Company A is awarded a contract to prepare data system specifications and equipment performance criteria to be used as the basis for the equipment competition. Since the specifications are the basis for selection of commercial hardwar…
  • FAR 11.104 Use of brand name or equal purchase descriptions.
    (a) While the use of performance specifications is preferred to encourage offerors to propose innovative solutions, the use of brand name or equal purchase descriptions may be advantageous under certain circumstances. (b) Brand name or equ…
  • FAR 36.601-3 Applicable contracting procedures.
    …cations, use of the maximum practicable amount of recovered materials consistent with the performance requirements, availability, price reasonableness, and cost-effectiveness. Where appropriate, the statement of work also shall require the …
  • FAR 46.101 Definitions.
    …dentified supplies tendered or approves specific services rendered as partial or complete performance of the contract. Conditional acceptance means acceptance of supplies or services that do not conform to contract quality requirements, or…
  • FAR 52.227-1 Authorization and Consent.
    …i) specific written instructions given by the Contracting Officer directing the manner of performance. The entire liability to the Government for infringement of a United States patent shall be determined solely by the provisions of the ind…
  • 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 216.402-2 Performance incentives.
    (1) See PGI 216.402-2 for guidance on establishing performance incentives. (2) Contracting officers shall ensure requirements about the payment of incentive fees or the imposition of penalties are included in the solicitation for a contrac…
  • DFARS 227.7103-2 Acquisition of technical data.
    …ire detailed manufacturing or process data when items or components can be acquired using performance specifications, form, fit, and function data, or when there are a sufficient number of alternate sources that can reasonably be expected t…
  • DFARS 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.
    …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…
  • FAR 6.502 Duties and responsibilities.
    … (3) Challenging requirements that are not stated in terms of functions to be performed, performance required, or essential physical characteristics; (4) Challenging barriers to the acquisition of commercial products and commercial servic…
  • FAR 8.405-1 Ordering procedures for supplies, and services not requiring a statement of work.
    …supplies and services that are listed in the schedules contracts at a fixed price for the performance of a specific task, where a statement of work is not required (e.g., installation, maintenance, and repair). For establishing BPAs and for…
  • FAR 9.303 Use.
    …previous contract developed a problem during its life. (c) The product is described by a performance specification; or (d) It is essential to have an approved first article to serve as a manufacturing standard.
  • FAR 14.201-2 Part I—The Schedule.
    … reliability requirements (see part 46, Quality Assurance). (f) Section F, Deliveries or performance. Specify the requirements for time, place, and method of delivery or performance (see subpart 11.4, Delivery or Performance Schedules). (…
  • FAR 14.502 Conditions for use.
    … subpart 19.15). (7) A first or subsequent production quantity is being acquired under a performance specification.
  • FAR 15.204-2 Part I—The Schedule.
    … reliability requirements (see part 46, Quality Assurance). (f) Section F, Deliveries or performance. Specify the requirements for time, place, and method of delivery or performance (see subpart 11.4, Delivery or Performance Schedules, 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.