FAR and DFARS › FAR Part 49: Termination of Contracts › Subpart 49.4

FAR 49.402-1 The Government's right.

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.

In plain English

This section states that under contracts with the Default clause at 52.249-8, the Government can terminate the contract completely or partially for default if the contractor fails to deliver on time, perform any other contract provision, or make progress that endangers performance. It matters because it gives the Government a broad right to end the contract for these failures, subject to the clause's notice requirements.

Applies to: Contracts containing the Default clause at 52.249-8

Key terms: Default clause · terminate for default · notice requirements · make progress · endangers performance

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

Under contracts containing the Default clause at 52.249-8, the Government has the right, subject to the notice requirements of the clause, to terminate the contract completely or partially for default if the contractor fails to (a) make delivery of the supplies or perform the services within the time specified in the contract, (b) perform any other provision of the contract, or (c) make progress and that failure endangers performance of the contract.

Sections it refers to

  • 52.249-8 Default (Fixed-Price Supply and Service).

← 49.402 Termination of fixed-price contracts for default. · 49.402-2 Effect of termination for default. →

Rule changes for FAR Part 49

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 49.402-1 The Government's right · SpendQuery