DFARS 216.402-2 Performance incentives

Subsection Defense Federal Acquisition Regulation Supplement

Facts

Citation
DFARS 216.402-2
Type
Subsection
Supplements
FAR 16.402-2 Performance incentives
Last amended
87 FR 76988 Effective Dec 30, 2022
Text as of
DFARS Change May 7, 2026
Official text
acquisition.gov

Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this subsection.

Text

(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).

Federal Register history

Final rule Published Effective
Defense Federal Acquisition Regulation Supplement: Reorganization of Defense Acquisition Statutes (DFARS Case 2022-D018) 87 FR 76988 · Docket DARS-2022-0031
Defense Federal Acquisition Regulation Supplement: Technical Amendments 87 FR 15816 · Docket DARS-2022-0001
Defense Federal Acquisition Regulation Supplement: Technical Amendments 86 FR 59869 · Docket DARS-2021-0001
Defense Federal Acquisition Regulation Supplement: Reliability and Maintainability in Weapon System Design (DFARS Case 2019-D003) 84 FR 58332 · Docket DARS-2019-0026
Defense Federal Acquisition Regulation Supplement; Types of Contracts 71 FR 39006 · DFARS Case 2003-D078 Not on record

Sections cited

Quick answers

What is DFARS 216.402-2?

DFARS 216.402-2 is a subsection of the Defense Federal Acquisition Regulation Supplement, titled "Performance incentives".

When was DFARS 216.402-2 last changed?

The most recent final rule on record is "Defense Federal Acquisition Regulation Supplement: Reorganization of Defense Acquisition Statutes (DFARS Case 2022-D018)" (87 FR 76988), published Dec 16, 2022 and effective Dec 30, 2022.

Are changes to DFARS 216.402-2 proposed?

No proposed rule from the last 3 years is waiting on a final rule.

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