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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8 sections with “performance uncertainties”

  • 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…
  • 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 16.101 General.
    …1) the degree and timing of the responsibility assumed by the contractor for the costs of performance and (2) the amount and nature of the profit incentive offered to the contractor for achieving or exceeding specified standards or goals. …
  • 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 16.205-2 Application.
    …onable firm fixed price for an initial period, but not for subsequent periods of contract performance. (a) The initial period should be the longest period for which it is possible to negotiate a fair and reasonable firm fixed price. Each s…
  • FAR 35.007 Solicitations.
    … recommend potential sources that appear qualified, as a result of— (1) Present and past performance of similar work; (2) Professional stature and reputation; (3) Relative position in a particular field of endeavor; (4) Ability to acqui…
  • FAR 16.301-2 Application.
    …w for a fixed-price type contract (see 7.105); or (2) Uncertainties involved in contract performance do not permit costs to be estimated with sufficient accuracy to use any type of fixed-price contract. (b) The contracting officer shall d…
  • FAR 52.236-3 Site Investigation and Conditions Affecting the Work.
    …; and (5) the character of equipment and facilities needed preliminary to and during work performance. The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materi…

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.