Federal Acquisition Regulations Relevant to PBA
The Federal Acquisition Regulation (FAR) specifically states, performance-based contracting is the preferred method for acquiring services and all agencies must use performance-based acquisition (PBA) to the maximum extent practicable. Additionally, the FAR prescribes policies, application for use to include excluded services, required elements, and the preferred contract type, firm-fixed price, when using PBA.
FAR Section 1.102, Statement of Guiding Principles for the Federal Acquisition System
FAR Section 2.101, Definitions (notably Subpart 7.5 and provisions at 7.105)
FAR Part 7, Acquisition Planning (notably Subpart 7.5 and provisions at 7.105)
FAR Part 10, Market Research
FAR Part 11, Describing Agency Requirements (notably provisions at 11.101 and 11.106)
FAR Section 37.102, Policy
FAR Subpart 37.6, Performance-Based Contracting (PBC)
FAR Part 37, Service Contracting
FAR Subpart 39.104 Information Technology Services
When acquiring information technology services, solicitations must not describe any minimum experience or educational requirement for proposed contractor personnel unless the contracting officer determines that the needs of the agency-
(a) Cannot be met without that requirement; or
(b) Require the use of other than a performance-based contract (see Subpart 37.6).
FAR Part 46, Quality Assurance (notably provisions at 46.103 and 46.401)
Last Reviewed 1/9/2009