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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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149 sections with “risk to the Government”: the first 40

  • DFARS 252.204-7024 Notice on the Use of the Supplier Performance Risk System.
    … 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, will intro…
  • DFARS 228.370-3 Aircraft not owned by or to be delivered to the Government.
    …exceeds the replacement cost of the aircraft; (2) Insurance is not available (e.g., high-risk experimental flights and operations of aircraft in a war zone); or (3) Ground or flight activities that involve contractor-owned and contractor-…
  • FAR 52.245-1 Government Property.
    …ve management and control of Government property under this contract, or present an undue risk to the Government, the Contractor shall prepare a corrective action plan when requested by the Property Administrator and take all necessary corr…
  • DFARS 252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System.
    …stem criteria. A counterfeit electronic part detection and avoidance system shall include risk-based policies and procedures that address, at a minimum, the following areas: (1) The training of personnel. (2) The inspection and testing of…
  • FAR 16.104 Factors in selecting contract types.
    …plex requirements, particularly those unique to the Government, usually result in greater risk assumption by the Government. This is especially true for complex research and development contracts, when performance uncertainties or the likel…
  • FAR 32.202-4 Security for Government financing.
    …ctor; or (4) Title to identified contractor assets of adequate worth. (e) Management of risk and security. In establishing contract financing terms, the contracting officer must be aware of certain risks. For example, very high amounts of…
  • FAR 32.503-16 Risk of loss.
    …er the Progress Payments clause, and except for normal spoilage, the contractor bears the risk of loss for Government property under the clause, even though title is vested in the Government, unless the Government has expressly assumed this…
  • FAR 32.1010 Risk of loss.
    …-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 assumed this risk. The clause…
  • FAR 50.104-3 Special procedures for unusually hazardous or nuclear risks.
    …ontractor requests for the indemnification clause to cover unusually hazardous or nuclear risks should be submitted to the contracting officer and shall include the following information: (i) Identification of the contract for which the in…
  • DFARS 215.404-71-2 Performance risk.
    (a) Description. This profit factor addresses the contractor's degree of risk in fulfilling the contract requirements. The factor consists of two parts: (1) Technical—the technical uncertainties of performance. (2) Management/cost control…
  • DFARS 215.404-71-3 Contract type risk and working capital adjustment.
    (a) Description. The contract type risk factor focuses on the degree of cost risk accepted by the contractor under varying contract types. The working capital adjustment is an adjustment added to the profit objective for contract type risk.…
  • DFARS 252.204-7021 Contractor Compliance With the Cybersecurity Maturity Model Certification Level Requirements.
    …ric 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 release, tha…
  • DFARS 252.228-7001 Ground and Flight Risk.
    As prescribed in 228.371(b), use the following clause: Ground and Flight Risk (MAR 2023) (a) Definitions. As used in this clause— Aircraft means, unless otherwise provided in the contract Schedule, any item, other than a rocket or missil…
  • DFARS 252.239-7018 Supply Chain Risk.
    As prescribed in 239.7306(b), use the following clause: Supply Chain Risk (DEC 2022) (a) Definitions. As used in this clause— Information technology (see 40 U.S.C 11101(6)) means, in lieu of the definition at FAR 2.1, any equipment, or i…
  • FAR 15.404-1 Proposal analysis techniques.
    …lted in quality or service shortfalls. Results of the analysis may be used in performance risk assessments and responsibility determinations. However, proposals shall be evaluated using the criteria in the solicitation, and the offered pric…
  • FAR 28.303 Insurance against loss of or damage to Government property.
    …nment property), it may be provided by specific insurance policies or by inclusion of the risks in the contractor's existing policies. The policies shall disclose the Government's interest in the property.
  • FAR 52.215-1 Instructions to Offerors—Competitive Acquisition.
    …cted if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government. (9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating p…
  • FAR 52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States.
    …tere conditions. Except as otherwise provided in the contract, the Contractor accepts the risks associated with required contract performance in such operations. (3) Contractor personnel are civilians. (i) Except as provided in paragraph …
  • FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price).
    …t for normal spoilage, and except to the extent that the Government expressly assumed the risk of loss, the Contracting Officer shall exclude from the amounts payable to the Contractor under paragraph (g) of this clause, the fair value as d…
  • FAR 52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or Removal of Improvements).
    …t for normal spoilage, and except to the extent that the Government expressly assumed the risk of loss, the Contracting Officer shall exclude from the amounts payable to the Contractor under paragraph (g) of this clause, the fair value, as …
  • DFARS 204.7603 Procedures.
    The contracting officer shall consider price risk and supplier risk, if available in SPRS, as a part of the award decision. For procurement of an end product identified by a material identifier that is available as described at PGI 204.7603…
  • DFARS 212.301 Solicitation provisions and contract clauses for the acquisition of commercial products and commercial services.
    (c) Include an evaluation factor regarding supply chain risk (see subpart 239.73) when acquiring information technology, whether as a service or as a supply, that is a covered system, is a part of a covered system, or is in support of a cov…
  • DFARS 252.225-7040 Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States.
    …tere conditions. Except as otherwise provided in the contract, the Contractor accepts the risks associated with required contract performance in such operations. (3) When authorized in accordance with paragraph (j) of this clause to carry …
  • DFARS 252.239-7017 Notice of Supply Chain Risk.
    As prescribed in 239.7306(a), use the following provision: Notice of Supply Chain Risk (DEC 2022) (a) Definition. Supply chain risk, as used in this provision, means the risk that an adversary may sabotage, maliciously introduce unwanted …
  • FAR 45.105 Contractors' property management system compliance.
    …red corrective action(s) may result in— (1) Revocation of the Government's assumption of risk for loss of Government property; and/or (2) The exercise of other rights or remedies available to the contracting officer. (c) If the contracto…
  • DFARS 215.403-3 Requiring data other than certified cost or pricing data.
    …ationale or justification made by the offeror for not providing the requested data. (vi) Risk to the Government if award is not made. (c) Commercial products or commercial services. For determinations of price reasonableness of major weap…
  • FAR 2.101 Definitions.
    …t provides otherwise, the seller or consignor is responsible for the cost of shipping and risk of loss. For use in the clause at 52.247-34, see the definition at 52.247-34(a). F.o.b. origin means free on board at origin; i.e., the seller o…
  • FAR 4.2301 Definitions.
    …eral supplier, or potential supplier, of products or services, at any tier. Supply chain risk, as defined in 41 U.S.C. 4713(k), means the risk that any person may sabotage, maliciously introduce unwanted functionality, extract data, or oth…
  • FAR 9.305 Risk.
    …sition of materials or components, or commencement of production, is normally at the sole risk of the contractor. To minimize this risk, the contracting officer shall provide sufficient time in the delivery schedule for acquisition of mater…
  • FAR 15.404-4 Profit.
    …equire routine as opposed to unusual managerial effort and attention. (ii) Contract cost risk. (A) This factor measures the degree of cost responsibility and associated risk that the prospective contractor will assume as a result of the co…
  • FAR 15.407-2 Make-or-buy programs.
    …d administering subcontracts as necessary to ensure the lowest overall cost and technical risk to the Government. When make-or-buy programs are required, the Government may reserve the right to review and agree on the contractor's make-or-b…
  • FAR 16.103 Negotiating contract type.
    …ract type and price (or estimated cost and fee) that will result in reasonable contractor risk and provide the contractor with the greatest incentive for efficient and economical performance. (b) A firm-fixed-price contract, which best uti…
  • FAR 28.308 Self-insurance.
    …esolution of the board of directors authorizing and adopting coverage, including types of risks, limits of coverage, assignments of safety and loss control, and legal service responsibilities; (2) If available, the corporate insurance manu…
  • FAR 46.505 Transfer of title and risk of loss.
    …s for earlier passage of title. (b) Unless the contract specifically provides otherwise, risk of loss of or damage to supplies shall remain with the contractor until, and shall pass to the Government upon— (1) Delivery of the supplies to …
  • FAR 47.305-6 Shipments to ports and air terminals.
    … coverage is With Average or Free of Particular Average and whether it covers any special risks or excludes any of the usual risks associated with the specific commodity involved. (5) When the delivery term is f.o.b. designated air carrier…
  • FAR 52.203-13 Contractor Code of Business Ethics and Conduct.
    …em, especially if criminal conduct has been detected; and (3) Periodic assessment of the risk of criminal conduct, with appropriate steps to design, implement, or modify the business ethics awareness and compliance program and the internal…
  • DFARS 215.404-1 Proposal analysis techniques.
    …escribed at PGI 204.7603, the contracting officer shall consider the Supplier Performance Risk System price risk assessments in determining if a proposed price is consistent with historical prices paid for an item or otherwise creates a ris…
  • DFARS 228.370-2 General.
    … survey. Before awarding any contract using the clause at 252.228-7001, Ground and Flight Risk, the contracting officer should obtain a preaward survey of the offeror's proposed aircraft flight and ground operations facility. If the offeror…
  • DFARS 252.217-7012 Liability and insurance.
    …urnished by the Government for installation by the Contractor. The Government assumes the risks of loss of and damage to that property. (2) The Government does not assume any risk with respect to loss or damage compensated for by insurance…
  • FAR 1.102-2 Performance standards.
    …d the public. (2) To achieve efficient operations, the System must shift its focus from “risk avoidance” to one of “risk management.” The cost to the taxpayer of attempting to eliminate all risk is prohibitive. The Executive Branch will ac…

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.