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part52.dev Federal Acquisition Clause Monitor
This PGI section supplements: DFARS 216.402-2 · FAR 16.402-2
Superseded. This section was republished by Class Deviation 2026-O0045, which directs contracting officers to use the deviated text instead of the codified text below. View the deviated PGI 216.402-2

Current Content

(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 contract for the engineering and manufacturing development or production of a weapon system, including embedded software, if the program manager or comparable requiring activity official exercising program manager responsibilities includes—

(i) Provisions for the payment of incentive fees to the contractor, based on achievement of design specification requirements for reliability and maintainability of weapons systems under the contract; or

(ii) The imposition of penalties to be paid by the contractor to the Government for failure to achieve such design specification requirements (10 U.S.C. 4328).

Change History

Detected Type Summary
detected 2026-08-09 [PGI] PGI_ADDED R-DFARS PGI 216.402-2 added by class deviation 2026-O0045
detected 2026-04-17 [PGI] PGI_MODIFIED PGI 216.402-2 updated: 4 lines added, 1 lines removed
View diff
--- previous
+++ current
@@ -1 +1,4 @@
-Contractor performance incentives should relate to specific performance areas of milestones, such as delivery or test schedules, quality controls, maintenance requirements, and reliability standards.+(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 contract for the engineering and manufacturing development or production of a weapon system, including embedded software, if the program manager or comparable requiring activity official exercising program manager responsibilities includes--
+(i) Provisions for the payment of incentive fees to the contractor, based on achievement of design specification requirements for reliability and maintainability of weapons systems under the contract; or
+(ii) The imposition of penalties to be paid by the contractor to the Government for failure to achieve such design specification requirements (10 U.S.C. 4328).
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