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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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33 sections with “sole risk of the contractor”

  • FAR 52.203-13 Contractor Code of Business Ethics and Conduct.
    …ctrine; or (ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and (3) Does not restrict a Contractor from— (i) Conductin…
  • FAR 52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States.
    …vernment-furnished, all liability for the use of any weapon by Contractor personnel rests solely with the Contractor and the Contractor employee using such weapon. (j) Vehicle or equipment licenses. Contractor personnel shall possess the r…
  • DFARS 252.225-7040 Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States.
    …vernment-furnished, all liability for the use of any weapon by Contractor personnel rests solely with the Contractor and the Contractor employee using such weapon. (5) Upon redeployment or revocation by the Combatant Commander of the Contr…
  • FAR 9.305 Risk.
    …acquisition 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 …
  • FAR 52.209-3 First Article Approval—Contractor Testing.
    …for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2…
  • FAR 2.101 Definitions.
    … These projections may include rates for such things as labor, indirect costs, material obsolescence and usage, spare parts provisioning, and material handling. Forward pricing rate recommendation means a rate set unilaterally by the admin…
  • DFARS 252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System.
    …tor, resistor, or diode), or a circuit assembly (section 818(f)(2) of Pub. L. 112-81). Obsolete electronic part means an electronic part that is no longer available from the original manufacturer or an authorized aftermarket manufacturer. …
  • FAR 32.704 Limitation of cost or funds.
    … that any increase in the estimated cost or amount allotted to a contract be used for the sole purpose of funding termination or other specified expenses. (c) Government personnel encouraging a contractor to continue work in the absence of…
  • FAR 32.1007 Administration and payment of performance-based payments.
    …accomplished. (e) Government-caused delay. Entitlement to a performance-based payment is solely on the basis of successful performance of the specified events or performance criteria. However, if there is a Government-caused delay, the con…
  • FAR 19.811-1 Sole source.
    (a) The contract to be awarded by the agency to the SBA shall be prepared in accordance with agency procedures and in the same detail as would be required in a contract with a business concern. The contracting officer shall use the Standard…
  • FAR 52.209-4 First Article Approval—Government Testing.
    …for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2…
  • FAR 16.505 Ordering.
    … or services ordered are unique or highly specialized. (C) The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided …
  • FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.
    …The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all o…
  • DFARS 252.247-7007 Liability and insurance.
    …se have avoided such damage, injury, or death. (2) The damage, injury, or death resulted solely from an act or omission of the Government or its employees, or resulted solely from proper compliance by officers, agents, or employees of the …
  • FAR 8.405-6 Limiting sources.
    …ordering procedures. The original order or BPA must not have been previously issued under sole-source or limited-sources procedures. (ii) See 8.405-6(c) for the content of the justification for an order or BPA exceeding the simplified acqu…
  • FAR 12.207 Contract type.
    …award fee and performance or delivery incentives when the award fee or incentive is based solely on factors other than cost (see 16.202-1 and 16.203-1). (e) Use of any contract type other than those authorized by this subpart to acquire co…
  • FAR 15.305 Proposal evaluation.
    …. An agency shall evaluate competitive proposals and then assess their relative qualities solely on the factors and subfactors specified in the solicitation. Evaluations may be conducted using any rating method or combination of methods, in…
  • FAR 15.405 Price negotiation.
    …ng the requisite judgment needed to reach a negotiated settlement with the offeror and is solely responsible for the final price agreement. However, when significant audit or other specialist recommendations are not adopted, the contracting…
  • FAR 16.202-1 Description.
    … delivery incentives (see 16.402-2 and 16.402-3) when the award fee or incentive is based solely on factors other than cost. The contract type remains firm-fixed-price when used with these incentives.
  • FAR 16.401 General.
    …rmination and the methodology for determining the award fee are unilateral decisions made solely at the discretion of the Government. (3) Award-fee plan. All contracts providing for award fees shall be supported by an award-fee plan that e…
  • FAR 31.001 Definitions.
    …efits are determined thereby. Directly associated cost means any cost which is generated solely as a result of the incurrence of another cost, and which would not have been incurred had the other cost not been incurred. Estimating costs m…
  • FAR 31.201-6 Accounting for unallowable costs.
    …icable to a Government contract. A directly associated cost is any cost that is generated solely as a result of incurring another cost, and that would not have been incurred had the other cost not been incurred. When an unallowable cost is …
  • FAR 31.205-18 Independent research and development and bid and proposal costs.
    …eering testing. Development excludes: (1) Subcontracted technical effort which is for the sole purpose of developing an additional source for an existing product, or (2) development effort for manufacturing or production materials, systems,…
  • FAR 32.403 Applicability.
    …, or development work with nonprofit educational or research institutions. (b) Contracts solely for the management and operation of Government-owned plants. (c) Contracts for acquisition, at cost, of property for Government ownership. (d…
  • FAR 39.103 Modular contracting.
    …ure that the Government is not required to procure additional increments. (e) To avoid obsolescence, a modular contract for information technology should, to the maximum extent practicable, be awarded within 180 days after the date on whic…
  • FAR 52.216-10 Incentive Fee.
    …Contractor will earn a fee significantly above the target fee, the Government may, at the sole discretion of the Contracting Officer, pay on the basis of an appropriate higher fee. (2) Payment of the incentive fee shall be made as specifie…
  • FAR 52.222-50 Combating Trafficking in Persons.
    …) Require any officer, director, owner, employee, or agent of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; or (iii) Restrict the Contractor from— (A) Conducting an i…
  • FAR 52.232-16 Progress Payments.
    …ent-furnished property shall not apply to property to which the Government acquired title solely under this clause. (e) Risk of loss. Before delivery to and acceptance by the Government, the Contractor shall bear the risk of loss for prope…
  • FAR 52.232-32 Performance-Based Payments.
    …ent-furnished property shall not apply to property to which the Government acquired title solely under this clause. (g) Risk of loss. Before delivery to and acceptance by the Government, the Contractor shall bear the risk of loss for prope…
  • FAR 52.245-1 Government Property.
    … property. Loss of Government property does not include purposeful destructive testing, obsolescence, normal wear and tear or manufacturing defects. Loss of Government property includes, but is not limited to— (1) Items that cannot be foun…
  • DFARS 204.7603 Procedures.
    …n item or otherwise creates a risk to the Government. Contracting officers shall not rely solely on the price risk assessment when determining prices to be fair and reasonable. (2) The contracting officer shall consider strategies to mitig…
  • DFARS 215.404-1 Proposal analysis techniques.
    …sly paid remain a valid reference for comparison. Price reasonableness shall not be based solely on historical prices paid by the Government (see 215.403-3(a)(1)). The contracting officer shall consider the totality of other relevant factor…
  • DFARS 246.870-2 Policy.
    …EP) reports and other credible sources of counterfeiting information. (xii) Control of obsolete electronic parts.

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.