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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25 sections with “performance-based acquisition”
- 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…
- DFARS 252.232-7016 Notice of Progress Payments or Performance-Based Payments.…cribed in 232.1005-70(c), insert the following provision: Notice of Progress Payments or Performance-Based Payments (APR 2020) (a) The need for customary progress payments in accordance with subpart 32.5 of the Federal Acquisition Regulat…
- FAR 37.102 Policy.(a) Performance-based acquisition (see Subpart 37.6) is the preferred method for acquiring services (Public Law 106-398, section 821). When acquiring services, including those acquired under supply contracts or orders, agencies must— (1) U…
- DFARS 232.1004 Procedures.(b) Establishing performance-based finance payment amounts. (i) The contracting officer should include in a solicitation both the progress payments and performance-based payments provisions and clauses prescribed in this part, when consider…
- FAR 2.101 Definitions.… or contractor's performance on active and physically completed contracts (see 4.804-4). Performance-based acquisition (PBA) means an acquisition structured around the results to be achieved as opposed to the manner by which the work is to…
- FAR 37.000 Scope of part.…ess of the contract type or kind of service being acquired. This part requires the use of performance-based acquisitions for services to the maximum extent practicable and prescribes policies and procedures for use of performance-based acqu…
- FAR 7.103 Agency-head responsibilities.…d to further refine requirements and acquisition strategies. For services, greater use of performance-based acquisition methods should occur for follow-on acquisitions. (u) Ensuring that acquisition planners, to the maximum extent practica…
- FAR 16.505 Ordering.…d within the period of performance, and be within the maximum value of the contract. (3) Performance-based acquisition methods must be used to the maximum extent practicable, if the contract or order is for services (see 37.102(a) and subp…
- FAR 32.113 Customary contract financing.…t 15, through either progress payments based on costs in accordance with subpart 32.5, or performance-based payments in accordance with subpart 32.10 (but not both). (e) Financing of contracts for supplies or services awarded under a sole-…
- FAR 37.103 Contracting officer responsibility.…contracts are exempt from the requirements of subparagraph (a)(3) above. (c) Ensure that performance-based acquisition methods are used to the maximum extent practicable when acquiring services. (d) Ensure that contracts for child care se…
- FAR 37.600 Scope of subpart.This subpart prescribes policies and procedures for acquiring services using performance-based acquisition methods.
- FAR 39.104 Information technology services.…ncy— (a) Cannot be met without that requirement; or (b) Require the use of other than a performance-based acquisition (see subpart 37.6).
- FAR 52.232-16 Progress Payments.…ntractor becomes bankrupt or insolvent. (4) If the financing payments are in the form of performance-based payments, the terms of the subcontract or interdivisional order concerning payments— (i) Are substantially similar to the Performan…
- FAR 8.405-2 Ordering procedures for services requiring a statement of work.…avel, special knowledge). To the maximum extent practicable, agency requirements shall be performance-based statements (see subpart 37.6). (c) Request for Quotation procedures. The ordering activity must provide the request for quotation (…
- FAR 32.102 Description of contract financing methods.…ted by the Government; (3) Partial payments for a contract termination proposal; or (4) Performance-based payments. (c) Loan guarantees are made by Federal Reserve banks, on behalf of designated guaranteeing agencies, to enable contracto…
- FAR 8.405-3 Blanket purchase agreements (BPAs).…, and special knowledge). To the maximum extent practicable, agency requirements shall be performance-based statements (see subpart 37.6). (ii) Type-of-order preference. The ordering activity shall specify the order type (i.e., firm-fixed …
- FAR 32.002 Applicability of subparts.…l Acquisitions . (3) Subpart 32.5, Progress Payments Based on Costs. (4) Subpart 32.10, Performance-Based Payments.
- FAR 32.104 Providing contract financing.… agency procedures, the contracting officer may provide contract financing in the form of performance-based payments (see subpart 32.10) or customary progress payments (see subpart 32.5) if the following conditions are met: (1) The contrac…
- FAR 37.101 Definitions.…nd control usually prevailing in relationships between the Government and its employees. Performance-based contracting means structuring all aspects of an acquisition around the purpose of the work to be performed as opposed to either the …
- FAR 42.302 Contract administration functions.…prove or disapprove the contractor's requests for payments under the progress payments or performance-based payments clauses. (14) Make payments on assigned contracts when prescribed in agency acquisition regulations. (15) Manage special …
- DFARS 204.1202 Solicitation provision and contract clause.…tation. (xiii) 252.229-7013, Tax Exemptions (Spain)—Representation. (xiv) 252.232-7015, Performance-Based Payments—Representation.
- DFARS 207.106 Additional requirements for major systems.…or subsystem; and (v) Apply to weapon systems and subsystems that are to be supported by performance-based logistics arrangements as well as to weapon systems and subsystems that are to be supported by other sustainment approaches. (S-71)…
- DFARS 245.102 Policy.… Government has acquired a lien or title solely because of partial, advance, progress, or performance-based payments; (G) Intellectual property or software; or (H) Real property. (5) Reporting Government property. It is DoD policy that a…
- DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.…by the Government. (1) Contract financing payments include— (i) Advance payments; (ii) Performance-based payments; (iii) Commercial advance and interim payments; (iv) Progress payments based on cost under the clause at Federal Acquisit…
- DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions.…applicable.”) (** Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).) (4) Payment req…
FAR (chapter 1)
- Part 1 Federal Acquisition Regulations System 58 sections
- Part 2 Definitions of Words and Terms 3 sections
- Part 3 Improper Business Practices and Personal Conflicts of Interest 98 sections
- Part 4 Administrative and Information Matters 116 sections
- Part 5 Publicizing Contract Actions 34 sections
- Part 6 Competition Requirements 34 sections
- Part 7 Acquisition Planning 34 sections
- Part 8 Required Sources of Supplies and Services 67 sections
- Part 9 Contractor Qualifications 106 sections
- Part 10 Market Research 4 sections
- Part 11 Describing Agency Needs 33 sections
- Part 12 Acquisition of Commercial Products and Commercial Services 38 sections
- Part 13 Simplified Acquisition Procedures 49 sections
- Part 14 Sealed Bidding 82 sections
- Part 15 Contracting by Negotiation 81 sections
- Part 16 Types of Contracts 74 sections
- Part 17 Special Contracting Methods 50 sections
- Part 18 Emergency Acquisitions 34 sections
- Part 19 Small Business Programs 126 sections
- Part 22 Application of Labor Laws to Government Acquisitions 205 sections
- Part 23 Environment, Sustainable Acquisition, and Material Safety 38 sections
- Part 24 Protection of Privacy and Freedom of Information 10 sections
- Part 25 Foreign Acquisition 81 sections
- Part 26 Other Socioeconomic Programs 36 sections
- Part 27 Patents, Data, and Copyrights 59 sections
- Part 28 Bonds and Insurance 61 sections
- Part 29 Taxes 23 sections
- Part 30 Cost Accounting Standards Administration 30 sections
- Part 31 Contract Cost Principles and Procedures 87 sections
- Part 32 Contract Financing 175 sections
- Part 33 Protests, Disputes, and Appeals 23 sections
- Part 34 Major System Acquisition 20 sections
- Part 35 Research and Development Contracting 25 sections
- Part 36 Construction and Architect-engineer Contracts 81 sections
- Part 37 Service Contracting 46 sections
- Part 38 Federal Supply Schedule Contracting 3 sections
- Part 39 Acquisition of Information Technology 14 sections
- Part 40 Information Security and Supply Chain Security 12 sections
- Part 41 Acquisition of Utility Services 17 sections
- Part 42 Contract Administration and Audit Services 84 sections
- Part 43 Contract Modifications 14 sections
- Part 44 Subcontracting Policies and Procedures 24 sections
- Part 45 Government Property 33 sections
- Part 46 Quality Assurance 60 sections
- Part 47 Transportation 106 sections
- Part 48 Value Engineering 13 sections
- Part 49 Termination of Contracts 108 sections
- Part 50 Extraordinary Contractual Actions and the Safety Act 34 sections
- Part 51 Use of Government Sources by Contractors 15 sections
- Part 52 Solicitation Provisions and Contract Clauses 680 sections
- Part 53 Forms 61 sections
DFARS (chapter 2, Defense)
- Part 201 Federal Acquisition Regulations System 24 sections
- Part 202 Definitions of Words and Terms 1 sections
- Part 203 Improper Business Practices and Personal Conflicts of Interest 28 sections
- Part 204 Administrative and Information Matters 76 sections
- Part 205 Publicizing Contract Actions 11 sections
- Part 206 Competition Requirements 20 sections
- Part 207 Acquisition Planning 22 sections
- Part 208 Required Sources of Supplies and Services 31 sections
- Part 209 Contractor Qualifications 55 sections
- Part 210 Market Research 2 sections
- Part 211 Describing Agency Needs 22 sections
- Part 212 Acquisition of Commercial Products and Commercial Services 24 sections
- Part 213 Simplified Acquisition Procedures 23 sections
- Part 214 Sealed Bidding 14 sections
- Part 215 Contracting by Negotiation 66 sections
- Part 216 Types of Contracts 36 sections
- Part 217 Special Contracting Methods 64 sections
- Part 218 Emergency Acquisitions 7 sections
- Part 219 Small Business Programs 47 sections
- Part 222 Application of Labor Laws to Government Acquisitions 56 sections
- Part 223 Environment, Sustainable Acquisition, and Material Safety 34 sections
- Part 224 Protection of Privacy and Freedom of Information 2 sections
- Part 225 Foreign Acquisition 251 sections
- Part 226 Other Socioeconomic Programs 14 sections
- Part 227 Patents, Data, and Copyrights 99 sections
- Part 228 Bonds and Insurance 17 sections
- Part 229 Taxes 9 sections
- Part 230 Cost Accounting Standards Administration 2 sections
- Part 231 Contract Cost Principles and Procedures 13 sections
- Part 232 Contract Financing 74 sections
- Part 233 Protests, Disputes, and Appeals 8 sections
- Part 234 Major System Acquisition 13 sections
- Part 235 Research and Development Contracting 16 sections
- Part 236 Construction and Architect-engineer Contracts 25 sections
- Part 237 Service Contracting 67 sections
- Part 239 Acquisition of Information Technology 38 sections
- Part 241 Acquisition of Utility Services 8 sections
- Part 242 Contract Administration and Audit Services 40 sections
- Part 243 Contract Modifications 18 sections
- Part 244 Subcontracting Policies and Procedures 13 sections
- Part 245 Government Property 23 sections
- Part 246 Quality Assurance 39 sections
- Part 247 Transportation 27 sections
- Part 249 Termination of Contracts 14 sections
- Part 250 Extraordinary Contractual Actions and the Safety Act 16 sections
- Part 251 Use of Government Sources by Contractors 5 sections
- Part 252 Solicitation Provisions and Contract Clauses 405 sections
- Part 253 Forms 10 sections
- Part 270 Defense Contracting Programs 7 sections
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Rule changes in progress: FAR, DFARS. Terms: glossary.